Alabama legislative acts, 1819

ACTS

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OF TUB

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PASSED AT ITS FIRST SESSION,

fpfticfc was begm and field in the tawn of Huntsville, on
Monday, the twenty JiJlh day of October> one thousand
eight- hundred and nineteen, and ended, the seventeenth day
nj December the same year.

William W. Bibb, Governor— Thom is Bibb, President
of the Senate—J ames Dellet, Speaker of
the House of Representatives

-i TKjqfr Q 1

HUNTSVILLE t

PRINTED BY JOHN BOARDMAN.

Photo-facsimile Reprint

S3 copies only

T. h . Cole, Washington, d.

July, igi 2

of run

legislature of Alabama,

An act to regulate the ^roceeAlugs in the
Courts of Lavt anil "Equity in tins state.

Section i BE it enacted by the Senate and House of
Representatives of the State oJMabama . in General Assembly
convened , That (run) ami after the passage of this act, this Sttte dfvufed
State shall be, and hereby is, divided into five Judicial Cir-^
coils, whereof the counties of Mobile, Baldwin, Washing*
ton, Clarke, Monroe and Conecuh, shall compose the first
Circuit; the counties of Henry, Butler, Wilcox, Dallas*

Autauga and Montgomery, shall compose the second Cir¬
cuit: the counties of Marengo, Greene, Perry, Cahawba*

Tuskaloosa and Jeflfcrsoti, shall compose the third Circuit;
the counties of Limestone, Laadcrdale, Franklin, Law¬
rence and Marion, shall compose the fourth Circuit : and
the counties of Blount, Shelby, St Clair, GoiuCo, Jackson
and Madison, shall compose the fifth Circuit

Sec % And be it enacted , That the Circuit Courts shall Circuit Cemm
be holders twice annually, in each of the counties compos- twii&s annual*/,
ing the several Circuits, at the following times and places*
viz:—T he First Circuit, in Conecuh county, on the
second Mondays in March and September; in the county
©f Monroe, on the third Mondays in March and Sepiem- h«uk
ber? in the county of Clarke, on the first Mondays in
April and October/ in the county of Washington, on the
second Mondays in April and October; in the county of
Baldwin, on the third Mondays in April and October; in
the county of Mobile, on the fourth Mondays in April and
October,—S econd Circuit, in the county of Montgome- **«*«« tecood
ry, on the third Mondays in January and July; in the

county of Autauga* on the fourth Mondays in January and
July in the county of Dallas* on the second Mondays m
February and August: in the county of Wilcox, on the
third Mondays in February and August; in the county of
Butler* on the fourth Mondays in February awl August ;
in the county of Henry, on the first Monday after tho
when in fi»Wfourth Monday in February and August —Third Cir-
cu it, —in the county of Jefferson, on the second Mondays
in March and September; in the county of Cahawba* on
the third Mondays in March ami September. in the county
of Perry, on the fourth Mondays in March ami September;
in the county of Marengo, on the first Mondays after the
fourth Mondays in March ami September; in the county
of Greene, on the second Mondays after the fourth Mon¬
days in March and September; hi the county of Tw kaloo-
8a, on the third Mondays after the fourth Mondays in
. , f March and September—F ourth Circuit, —in the conn-

circuit! 0 ° U ty of Marion, on the last Mondays in January and July;

ill the county of Franklin, on the first Mondays in Febru¬
ary and August in the county of Lawrence, on the second
Mondays in February ami August? in the county ol Lau¬
derdale, on the third Mondays in February and August;
in the county of Limestone, on the fourth Mondays in Feb-
when In fifth ruary and August — Fifth Circuit, —in the county of
circuit* Madison, on the first Mondays in March and September;

in the county of Jackson, the third Mondays in March and
September ; in the county of Cotaco, the fourth Mondays
lu March and September: in the county of Blount, the
first Mondays after the fourth Mondays in March and Sep¬
tember; in the county of St Clair, the second Mondays
■fitter the fourth Mondays in March and September; in the
county of Shelby, the third Mondays after the fourth Mon¬
days in March and September.

Sec. 3. Be it enacted, That the Circuit Courts shall he
feoiden b^one* ^ 0Yie ^ udge, who shall have been elected or ap~

jutyc, 7 ° U€ pointed, and qualified, in manner arid form prescribed by
the Constitution: and shall have cognizance, and legal ju-
jurlkU«iai»,dtc. risdiction, of all pleas, real, personal, and mixed,—And
a] so of all suits and demands, relative to legacies, filial
portions, and estates of intestates t all pleas of the state,
and criminal matters, of what nature, degree or denomina¬
tion soever, whether brought before them by original or
mesne process, or b\ certiorari , writ of error, appeal from
any inferior court, or by any other ways or means whatso¬
ever* And the Circuit Courts arc hereby declared to have
as full power and authority, to give judgment, and to award
execution, and all other necessary process thereupon, as
heretofore belonged to the Superior Courts of law and equi¬
ty in the Territory and to have, use, exercise, and enjoy,
power*, he the same powers and authorities, rights* privileges* and

pre eminences, as were bad, used, exercised, and enjoyed,
hy the said Superior Courts heretofore; except, where it Exceptions.
is otherwise directed by this or some ‘ether act ,, or, where
such authorities, rights, privileges or pre-eminences, or
any of them, may be inconsistent with, or repugnant to* the
present form of government.

Sec. 4 Beit enacted , That where any Circuit Judge
shah tad to attend, on the first day of any term, the busi¬
ness thereof shall stand adjourned until the second day;
and if the Judge fails to attend on the second day, the bu~p ,,cult .. cowrt f
si ness shall stand adjourned until the third day : and if thei n ab^uc ofthe,
Judge docs not attend, before the hour of three o’clock 'lnj™»ge.
the evening of (he third day, it shall be the duty of the,

Sheriff to adjourn all suits, causes, and prosecutions there-auiL^&c. U

in depending, to the next succeeding term of the Circuit

Court: and the Clerk of such Court, shall enter on hisChrfetococtm-

docket, a continuance of all such suits and causes, and^

ghail bind overall witnesses on behalf of the State, to ap - I!fSt ' sni j

pear at the next term of the said Court, unless previously *»nd over wit-

bound over : Provided , that nothing herein contained, shall

be so construed, as to prevent the parties from making up

their pleadings, ori the appearance causes.

Sec. 5. Jbid be if enacted , That the Clerk or Attorney o uty 0 { t jj C
issuing process, shall mark thereon, the day on which such cieriorattornty
process issued and the Sheriff, or other officer receiving tl*e , “ ul 95,l >r ® cesfc
same, in order to execute, shall in like manner, mark oni n executing,
earh process, the day on which he received it: and every
Clerk, Attorney. Sheriff, or other officer,‘neglecting so to Forfeiture fo*.
do shall forfeit and pay the sum of one hundred dollars, to ac £ lea *
be recovered by action of debt, in any court of record hav¬
ing cognizance thereof, by any person, who will sue for the
same, w ith costs

Sec. 6. Jlnd be it enacted « That ail writs and other pro
cess (except subpoenas for witnesses, returnable immediate- ^ . &c
ly,) shall be returned the first day of the term, to winch the fTtur ^j ){ ^T
same shall be returnable, and shall be executed at least five and wheu exe~
days before the beginning of such term : and if any original cutca
or mesne process shall he taken out, within five days be p roce38no td«l
fore the beginiug of any term, such process shall be made ot*

returnable to the term next succeeding that, which shall executed, void,
commence within five days after taking out such process,
and not otherwise ; and all process made returnable at any
other term, or executed at any other time, or in any other
manner, than by this act is directed, shall be adjudged void,
upon the p^ea of the defendant ; Provided nevertheless* “Qi
nothing herein contained shall he construed, to invalidate
or vacate any process, w arrant or prec ept, to be issued by Warrant#, etc
aiiv of the Judges of the said court, or any Justice of fhe in behalf oi the
Peace, or Clerk of any court, on any original prosecution t0 9Dy ^ ^
in behalf of the State, but, that the same may be issued at any the court

time, and made returnable to any day of the term : and the
P r oct dlp f ^ in like proceedings on criminal suits and prosecutions, shall
*™«motore ^ the practice heretofore in use in the Tern*

under the icrri-torial Government, except where the same is, or may be
torui gov't* otherwise directed, by this or some other act

Sec. 7. Jnd be it enacted , That the following rules and
Rule, and regw -regulations shall be observed in the said courts, until other-
cmlrS* "A: wise directed by law, viz : That every plaintiff, or his at-
jdainwff or at- torney when employed in any suit, in any of the Circuit
Sbasfiie decU Courts of this State, shall file bis declaration in the clerk's
noon within "office, any time within the first three days of the term,
the fim three to which the writ is made returnable ; and on failure there*
dvjv of term, 0 f guc j 1 Butt shall be dismissed by the court, at the cost of
Provtao* the plaintiff: Provided nevertheless* that the Judge, on good
Judgem»ygr*pt cause shewn, may grant a longer time, which cost being
lunger time, paid by the plaintiff to the clerk of said court, he or they,
plaintiff wu»g pay jug such cost in consequence of a declaration not being
filed in due time, as aforesaid, may warrant such attorney,

attorney liable suc * 1 cos * P A *d by m aforesaid, and the receipt

for cuch cost, of the clerk shall and may he evidence in support of such
claim: and the Justice before whom such warrant shall be
tried, may give judgment and issue execution thereon; and
attorney fublvsuch attorney shall be further liable to the action of such
Samafpea for not Pontiff, for such damages, as he or they may have sustain*
filmgd^darativn ed, in consequence of such declaration not having been fil-
Whc*» defeod’ced as aforesaid. The defendant shall appear and plead or
*! emur ’ within the three first days after the time allowed
Iwmaybav*for filing declaration, otherwise the plaintiff may have
judgment on judgment by default, which in actions of debt, shall be final
default thereof unless where damages are suggested on the roll : and in
ag«s Pt m that case, and in all others not herein specially provided for #
Wntof enquiry when the recovery shall be in damages, a writ of enquiry
when^cutcd he executed at the next succeeding tei m . Provided,
ProviaoT U C that where the nature of the actions require special plead¬
ing, (he time for pleading may be enlarged; where the de-
Wbere the timefendant pleads specially, the plaintiff shall reply or demur,
oi pleading may within three days, after the time allowed for filing the de~
ceo.arge « da ration, or a nonpros may be entered by the defendant;

and if the plaintiff replies and in his replication tenders an
issue, the defendant shall join issue or demur in three days,
otherwise the plaintiff may have judgment: and where the
defendant rejoins to the plaintiff’s replication, be shall file
his rejoinder within three days, or judgment shall go a-
gainst him, unless the term for pleading shall be enlarged
as aforesaid, and the same time shall he given, ami rules
observed, through the whole course of the proceedings. Pro-
Proviso, vided, that in "every case the pleadings shall be made up
during the term, to which the process is returned, unless
the time be extended by the consent of parties,their attornieS
or by direction of the court ; where a special verdict shall

be fonnd* a rase agreed, a fiemurerfiled, ora bill ofexcep*
lions to the evidence tendered, the court may, for a good
cause shewn, continue the same until the next term, foj*
argument For the better preservation of the records of
the courts, where any cause is finally determined, the CleA t » rtcorj
clerk of each court shall enter all the proceedings therein, J^*®"** 0 **
in a book bound, and make an entire and perfect record there*
of. All jury causes shall be first tried ; all motions in .

rest of judgment, shall be argued within the thrse last days coaling*. ***
ol the lerm, in which the issue shall he tried; tne defendant’s
attorney first serving the plaintiff’s attorney, with a copy
of the reasons in arrest ofjudgment, the day immediately fid*
lowing that, on which such motion shall be made: argu¬
ments on writs of error, special verdicts, cases agreed, de-
mu rers, petitions for legacies, and distributions of intestates*
estates shall be heated during the four last days of the term.

When a plea in abatement, shall be pleaded, and upon ar- Plea is
gument the same shall be adjudged insufficient, the plaintiff®*® 1 *
shall recover, against the defendant, full costs to the lime
of overruling such plea, including the costs of court: anda
defendant in any action, may plead as many several matters
as may be neceseatvy for his defence, so that he be not ad¬
mitted, to plead and demur to the whole.

Sec. 8. Jind be it enacted. That when the Circuit Judges ci
shall have been elected, in manner prescribed by the Consti- Circuit JUget
tution, they shall be commissioned by the Governor, and
shall hold the Circuit Courts, at the times and places, in this
act mentioned, and shall reside within the circuit to which
they may be severally elected; and in case of the removal of
any such Judge out of the circuit, to which he is elected,
bis office shall be vacated thereby : Provided , that nothing
in this act contained, shall be so construed, as to prevent
the interchange of ridings by such Judges in their several TotamhatKt
circuits, in the manner hereafter pointed out; that is to say,
the Judges holding the courts aforesaid, shall so alternate,
that no one Judge shall hold the court*of the same circuit
for two courts io succession, unless called on to do so, by
the Judge, whose duty it may be to hold such circuit, on ac¬
count of sickness or other inability to attend.

Sec 9. Jind be it enacted , That when the Clerk of any
Circuit Court shall give a certified copy of any decree Clerk to unity
judgment, record, or proceeding of any Superior Court of*°flr wcordl
JLaw and Equity, heretofore existing the papers and records
of which may be delivered to him, pursuant to the direc¬
tions of this act, the same faith and credit shall be given to
such certified copy, as to a certified copy of any record, or
proceeding of the Circuit Court, to which said Clerk may
belong and rt shall be the duty of the Clerks of said Supe¬
rior Courts of Law and Equity, to transfer all the ptx>ceod-
iagMUits and causey within the same, to the Circuit Courts

CMHt COUltl,

Shcrtfi# ©f conn
tit* t« be *b«r

of tberespeetive counties, in which such Superior court* havs
been Holden; and ail process. Hereto fort* issued, or which
Priiewi return- ma y be hereafter issued, returnable to the Superior Courts
co»fi7tr[r^-P rev * OUH *° ^' e commencement of the first terms of the Cir*
turned to circuit Courts, within their respective circuits, shall be re¬
turned to the first term of said Circuit Courts repcctivefy.

Sec. 10 And be it enacted. That the Sheriff* of the dif¬
ferent counties; shall be the Sheriffs of the Circuit Cmirts,
m id Ctfcaii within their respective counties, and the Sheri ff of the coun-
whoui, ty, in which the Supreme Court *ha!l he Holden, shall also

be the Sheriff of the said Supreme Court
# Sec. 11. And he it enacted. That the common Jail of each
tWUi»»ro?dr- count y be tJu ‘ the Circuit Court for the said

ouu court*- county; Provided, however. That nothing in this act con¬
tained, shall he so construed as to prevent civil officer*,
judges, justices, &c. from transferring prisoners to the
nearest Jail which is good and sufficient, when the Jail of
the county where such prisoner may he arrested shall be
considered insufficient.

Sec IS And be it enacted. That Judges of the Circuit
Courts within their respective circuits, at or before the first
Change of ven- trial term of any suit, civil or criminal, shall have power
mc% to change the venue thereof, on good and sufficient causa

set forth and duly supported by oath or affirmation, and
when a change of venue shall be allowed in any suit the tri¬
al thereof shall be adjourned under the direction of the
Judge, to the nearest adjoining county, which is free from
the like exception and the trial of such cause in the court to
which it may be adjourned, shall he by a jury of freehold¬
ers or householders; Provided , That such change of venue
shall in rio instance be allowed, more than once in the same
Cause or suit Provided also , Thai in criminal prosecution*
the right to change venue under the provisions of this sec¬
tion, shall be confined to the party prosecuted.

Sec 13. And be it enacted , That the Judges of the Cir-
Certiin Jay* t© cm it Courts, within their respective circuits, shall set apart
be set ipart fo, a particular day or particulardays. of each term, for thetriai
^?i! fcn£tti<ial of criminal causes, and all fines inflicted, and forfeitures ac¬
cruing in the several Circuit Courts, shall go to,and heap,
plied to the use of the county, in which they may be thus in¬
flicted, or shall accrue and the said Judges at their discre¬
tion, shall have power on the application of any person char¬
ged with a criminal offence, to hold a special session for
the trial of such person ; and the said Judges shall direct
the Sheriff of the county, in which such special session shall
he Holden to return thereto, twenty-four persons, properly
qualified to serve as jurors, who shall be selected in the man¬
ner now prescribed by law in such cases, any or all of whom
failing to attend, or being challenged or set aside, a jury of

cause.

muses.

See 14 And be it enacted* That the Clerks of the set*
era! Circuit Courts shall give bond with security* payable !Clerk* to five
to the Governor and his successors in office, in the penalty** 01 **
of ten thousand dollars, for f he sale keeping of the records,
and the faithful discharge of the duties of his office, which
said bond shall be lodged in the office of the Secretary of
State, and may be put in suiton the assignment of the Gov.
ernor, by the party nr parties injured, in htn, or their <m$
name, and shall not become void upon the first recovery,
but may from time to time be put in suit by action of debt,
until the whole penalty be recovered* and if it shall be dis¬
covered that any of the said clerks shall have violated the
oath prescribed by the Constitution, 01 willingly or cor¬
ruptly have done any thing, contrary to the true intent and
meaning of the same,such clerk shall be deemed upon convic¬
tion, giiiity' of misbehaviour in office, and shall be removed
therefrom, and shall forever be incapable of holding any
office ci\ il or military in the State

Sec. 15. Ik it mortal, That the records of the respect*
ive courts within this State for each preceding day of eve-
t*y stssion, shall be read in open court on the morning of <tt ^ rff t *> bt
the succeeding day, except on the last day of the term, on**** »« open
which day they shall be signed by the Judge 01 Judgesprc- court »
siding in said court.

Sec 16 Be it enacted, That either party may appeal . f
from any final judgment or decree of any Circuit Court cJ^ ’©arc
during the term at which the judgment or decree was ren¬
dered, to the Supreme Court, upon entering into bond with
security to be approved of by the court, in double the a-
mount of the debt or damages in such, his, or their suit for
prosecuting the same with effect, or performing the judg¬
ment, sentence or decree which the Supreme Court shall
pass or make thereon, in case the appellant shall have the
cause decided against him ; and the appellant shall file a
transcript of the lecord with t bedeck of the Supreme Court,
or. or before the third day of the first term of said Supreme
Court, after the appeal was granted, and on failure thereof,
the appeal shall he dismissed with costs and damages upon
the appellee's producing a certificate from the clerk of the
Circuit Court of the amount of the judgment or decree, and
that bond had been executed according to the order of the
court granting the appeal; Provided, That for good causeProritc,
shewn, the appeal may be reinstated any time during the
terra, upon payment of costs
Sec 17. And be U enacted, That the equity jurisdiction
heretofore belonging to the Superior Courts of Law* and Equity juHriit-
Jbquity in the Territorial Government, shall be, end here-
by is vested in the Circuit Courts of this State.

Sec 19 j n( i fe if enacted ♦ That the said court (whsn a bill
praying a review of the proceedings, in which a dect'ec shall

B

I 10 ]

To «u j pro. have bean pronounced shall be presented, may upon such bill
wU-vf* f0f ar *dthe circumstances of the case as the same shall appear sa-
* tisfartory, direct the proceedings on such decree to be stayed
until a decree on the said bill qf review shall be made, or until
further order of said court or the said court may refuse to
grant a stay of proceedings* in that case as may seem right:
Proviso, Provided , That said court may in either of said cases direct

such security tone given, and in such p!aces,as is usual in ca¬
ses of injunction, or such otner security as may seem rea-
ProvWo, sonabte : Provided? That no bill of review, shall be brought on
motion made therefor, except it be within three, years from
the time of pronotmd'ig such decree, saving to infants,
femes coverts, persons non compos mentis , persons imprison¬
ed or beyond seas, a right to move a bill of review within
three years after such disability shall have been removed.

Sec. 19. Jndbe it enacted? That the Supreme Court for
^ ale * both * n l' aw and Kquity, shall be held by, mid
wprtmc court. fhe powers of the same shall be vested in, and its duties
shall be performed by the Judges of the several Climit
Courts ; and they or a majority of them shall hold the ses¬
sions of said court at C&hawba, twice in each and every
year, the first session to begin on the second Monday in
May, and the second session to begin on the second Mon¬
day in November; and the said Court shall continue to
hold their sessions until the business thereof be completed,
or the Judges or a majority of tli**m may deem it expedient
and necessary to rise, for the propose of attending to their
respective Circuit Court*; and the said sessionsofthe Su¬
preme Court shall be holden on the same days in each and
every year, until otherwise by law directed. And the said
Judges, shall at their first session, appoint one of their own
body. Chief Justice oftbe Supreme Court, which appoint¬
ment shall be entered of record; and in case of his absence
at any succeeding time, one oftbe Judges present shall be
appointed Chief Justice pro tempore , and all orders of the
court, shall be signed by him : Provided always • That one
sheriff to ad. Judge, or, if no Judge appears, the Sheriff may adjourn
joorn the conn tj ie CoUf »t from day to day, until a sufficient number of
until judges ap- ^ndges appear, to constitute a court, if that shall be before
pear, the sixth day of the term 5 at w hich time, if a sufficient

number of Judges do not appear, to form a court, the Judge
or Sheriff, (as the case may be shall adjourn the court to
the next stated term, to wiiich term ail cases shall stand
continued.

Sec 20 . And be it enacted , That writs of error shall lie
Wo*» of error From the courts of errors and appeals«to the respective cir-
of «rrtr 00 , nd t,cu ^ cour ^ s throughout the State; and it shall be the duty
appclh t« S e»r-°f the Judges, or any one of them on application, either in
cuit coum, vacation or term time, to grant such writ of error, and to
take good and sufficient security from the party demanding

t 11 }

the same, that the said party shall proaeeitfe his writ ***oy knund-
to effect, and answer all damans ami costs, if he fails to et ’

make his plea good ; and in ait cases bottomed or* a <•«>*•-JTty*°**
tract, note, agreement, or liquidated account* where the
judgment of the Circuit Court may be affirmed* fifteen per
cent damages shall be allowed the party, in whose favor *5 <-e« tkm

judgment was awarded in the court below, * lkmfd »*

Sec. 21. Jhid be it enacted. That when any judgment, c<?mm *****
decision, or decree of the Circuit Court* shall be reversed,
or affirmed, in the court of errors ami appeals, it shall be
the duty of said court, to pass suds judgment, decision or
decree, as the circuit court shall have passed except w here
the damages to be assessed* or matter to he dec reed, are un¬
certain : in which case, the said court shall remand the same
lor final hearing

Sec. 22. Jind be it enacted. That the Judges of courts of of th „
errors and appeals, as well as the circuit court Judges, shall, court of appr .ii,
'is to the decisions on all material points, (He their oinnimts afi<3 c:rc y ,r heg
in writing, among the papers of the cause, in which audio- 0?tmom w wr i.
pinion may be given, within ten days after such opinion nog
may bo delivered : and when a writ of error shall be allow¬
ed* to reverse the judgment of any circuit court in any When a WT,f ° r
cause, the clerk thereof shall semi a transcript or the opin- complies
ion of the Judge, to the court of errors and appeals, as a to tend the o-
part of the record of the cause* properly certified. pinum of th«

Sec. 23. J$nd be it enacted • That it shall be the duty of^hr C ourt°of
the Judges of the court of errors and appeals, at the first appeals
term of said court, or as soon thereafter as may be practic¬
able, to ordain and establish rules and regulations, for the not r ° r )» d K*
government of the proceedings and practice in said court
also to establish a regular and uniform practice throughout uuLb nth*,
ail the courts of record in the State: Provided, however ,

That the rules prescribed for the government of the circuit „„° lto Vm h ^ t *.
court, shall be in force, and govern the proceedings of the tic. in .11 court.
Supreme Court, until the said Judges of the Supreme Court® 1 rccord in
shall establish such other rules, as are by this act directed. Stalc

Sec, 24. Jlnd be it enacted. That all causes under the ju¬
risdiction of this State, mnv pending in the General Court All cau«r« in
oi the Territorial Government, be, and the same are, here- gcncml crurt to
by transferred to the court of errors and appeals and that trmns/crrcdt0
it shall be the duty of tlie clerk of the said court* to certify peal*° an ° ap
arid transfer the same accordingly to the said court of er¬
rors and appeals, at the first session thereof, at the town of
Cahaw'ba. And the Supreme Court aforesaid, shall pro¬
ceed, to hear and determine all such causes, except those
which exclusively belong to the courts of the United States,
and all writs of error, which have heretofore issued or may Wr *t» **su«d to
hereafter issue, returnable to the General Court, shall be ernc ?f coun [*
returned to the first term of the Supreme Court, as in other court ohpfwal*

Jpdfe*
point a

C *• ]

Sec 85 Jfadhe it enacted , 1 hat It shall be the ditty of
the said Judges, at the first session of the said courts of er-
to *j>*roi& and appeals, to appoint a clei k, to continue in office for
cltrk the term of touryears from anti after the time of his appoint*
merit, and shall conform to the same regulations, ami per¬
form the same duties of office, in the same manner, and un~

Inferior emxrx
€&ubii»hcd

When hr Id

Mobile

BaMwia

Clarke

W»*hmgtoa

Monroe

Conecuh

Henry

Botier

Wikoi

der the same penalties as, in the Clerks of the Circuit
Courts, are by this act directed

Sec 26 jind be iffurther enacted* That, from and after
the passage of this act, there shall be established, in each
and every county in this State, an Inferior Court, to (on-
swt of five Justices, to be appointed by the Legislature, and
to hold their offices during good behavior; arty three of
whom, shall be competent to hold said court, and shall ba
styled Justices of the County Court

Sec, 27 . Jnd be it further enacted , That the said court
shall hold its terms quarterly, or four times in each and ev¬
ery year, in the several counties in this State, at the times
following;

In the county of Mobile, on the first Mondays in June,
February March, and October:

In the county of Baldwin, on the first Mondays in June,
February, March, and October;

In the county of Clarke, on the first Mondays in Febru¬
ary, August, May, and .November:

In the (ounty of Washington, on the second Mondays in
February, August, May and November:

In the county of Monroe, ori the first Mondays in June,
February, March and October;

In the county of Conecuh, on the first Mondays in June,
February, March and October:

In the county of Henry, on the fourth Mondays in March,
October, June, end Deieruber?

In the county of Butler* on lire fourth Mondays in March,
October, June, am! Decent I»* r

in the county of Wilcox, on the fourth Mondays in
March, October, June, and December

Marengo

Greene

Pei rf

Dd!»*

In the county of Marengo, on the second Mondays in
February, April* July, and October;

In the county of Greene, on the first Mondays in Febru¬
ary, April, July, and October:

In the county of Ferry, on the third Mondays in Febru
ary, April, July, and October ;

In the county of Dallas, on the fourth Mondays in
March, October, June, and December

In the county of Autauga, on the fourth Mondays in
u l> ~* March, October June, and December ;

Mowgomecj * n county #J Montgomery, on the fourth Mondays in
March, October, June, and December;

I ™ J

In the county of Cahawba, on the fourth Mondays in
February, April, July, and October;

In the count)' of Shelby, on the third Mondays iftsbcfty
March, September, June* and December;

in the county of St Clair, on the second Mondays iu $t C| ^ f
March, September, January, and Kay t 4

In the county of Tuskaloosa, on the last Mondays inTwkaioM*
January, May, August, and November

In the county of Jefferson, on the first Mondays in f -
M arch, June, September. ami December * ******

In the county of Biount, on the first Mondays in Janua-atotmt
ry, July, April, and November:

In the county of Cotaco, on the first Mondays in F«bru- C
arv, May, August, and December; *****

In the county of Franklin, on the second Mondays in
February, August, May, and November;

In the county of Marion, on the third Mondays in Feb- M .
ruary, August* May, and November; #noa

In the county of Lawrence, on ttie first Mondays in Feb- Lawrence
rttftry, August, May, and November

in the cminty o! Lauderdale, on the fourth Mondays in Uu<Jcrdde
Januaiy, April, July, and October;

in the (ounty of Limestone, on the third Mondays in i., m£strw
January, Apiil, July, and October:

in the county of Madison, on the fourth Mondays in Madiaou
January, July, April, and November:

In the county of Jackson, on the third Mondays in Jan-
uary, July, April, and November; and the first and third
terms of said courts, may continue in session, for and dur¬
ing the time of six judicial days, each unless the business continue
thereof shall he, in a shorter time, completed ”* d *y*

Sec 28 And be it further enacted . That the said coun¬
ty courts shall, in addition to th#* jurisdiction hereto¬
fore given to the County court and Orphan’s court in the ....
Territorial Government, have concurrent jurisdiction, in a'b! ,pT"s-
a!l actions ol debt ami assumpsit, with the Circuit Com 'IS, mmput
under the limitations prescribed by this act

Sec 29 And be it enacted , That at the second and fourth
terms of said court, in each and every year, it shall have
that jurisdiction only, which has heretofore been exercised
by the Orphan’s court established under the Territorial
government Provided , That such terms shall not exceed prov * so
three days each

Sec GO Jhid be it enacted. That the clerks of the Infe¬
rior courts shall be the clerks of the said courts, and shall
give the same bond, and be liable to the same penalties, and Cicrit
be governed by the same regulations and restrictions, as
clerks of the Circuit courts arc

Sec 31 And be it enacted . That the same rules of prac¬
tice, methods, aud proceedings* shall be had. kept, and ob*

I M }

pwc-served, by the said County courts and the officers thereof,
muJVffg m £* anting issuing, executing, and returning process, and
Icm awarding judgments, on jadinal attachments, and the like

remedy recovery, and reilef, against the sheriff and bail,
as in tike case* are provided by law, in suits depending, or
to be commenced in the circuit courts within this State.

Me *to

gtS» hood, tic.

Sec. 34. And be it tnactedf That when any person or
persons, either plaintiff or defendant, shall be dissatisfied
with the judgment, sentence, or decree of any county court,
he may pray an appeal front such sentence, judgment, or
decree, to the circuit court of the county, wherein such
county court shall be: but before obtaining the same, shall
enter into bond with two sufficient securities for prosecut¬
ing the same with effect, and for performing the judgment,
sentence, or decree, which the circuit court shall make

thereon, in case such the appellant shall have the cause de-
Protia* cided against him: Provided* Thatbefore the granting any
appeal whatever, the attorney praying the same shall certi-
jittoray to eer fy to the court in writing, reasons for his motion, with his
,0j mM»n •*opinion that the same are good and sufficient in law ; Pro-
rided. That in all cases of appeal from the county court,
the record of the proceedings shall be returned by the clerk
CWrk to mo*- of the said court, to the office of the clerk of the circuit

y ^court, twe*dy days previous to the term on which said ap-
pm ™*** # peal shall stand for* trial, why such appeal ought to be
granted ; which certificate aforesaid, signed with the name
of the said attorney, shall make part of the record, and be
transmitted, with the other transcript of the eau$e to the

frwvtto

circuit court aforesaid; Proroidtd, That in all cases of ap¬
peal obtained as aforesaid, which shall not be prosecuted,
or the court before whom such appeal may be determined,

whoetn »ppfJ. shall affirm the judgment of the court below, then shall the
tent db»U p»y appellant be decreed to pay the appellee, fifteen per cent-
damage um damages, from the passing of the judgment in the coun¬

ty court

See. 33. And be it enacted , That when any person shall
be desirous of prosecuting a writ of error, from the county
Mapnrr of p**. court, move the court where such is, cr hath beer

securing writ*depending, to allow such writ of error, he first entering in-
of error to bond and security to the satisfaction of the court, to a-
bide by, perform, aud fulfil the judgment which shall be giv¬
en in the court above; and the same rules and regulations
^ rcu ^ in prosecuting such writs of error, shall be observed and
wAJd in couo P ract ised in the county courts, as are prescribed for prose-
ty court* eating writs of error from the circuit courts.

Sec. 34 And be it further enacted , That it shall and may

county coum lawful for every county court within this State, where
dLw J> to nl *dio , t* an y idiots, or lunatics, shall be within the jurisdiction tliere-
oir hunt** of to appoint them, or either of them, a guardian, taking

bond with approved security for the faithful administratum

r **}

of the trust reposed in such guardian, in the same manner,

as bonds are taken from the guardians of orphans : and

such guardian, when so appointed, shall continue during

the pleasure of the court, and shall have the same power,

to all intents, constructions and purposes, and shall be sub*

ject to the same rules, orders and restriction!*, as guar*

dians of orphans are : such lunacy to bt ascertained by the to be

inquisition of a jury, by virtue of a writ to be issued by the

court, to the Sheriff of the county for that purpose ****7

Sec 35 And be Vfurther enacted, Thai the same mode Mode ef«w*
of summoning jurors, and requiring their attendance, and»<*>*»( )«rm,
all other provisions relative thereto, as prescribed by theJT*?* *****
act of the Legislature of the Mississippi Territory, pawdtl
in the month of December* 18 U, be, and the same are here¬
by, declared, to remain in lull force and effcctthrouglmuttbis
state • Provided , however , That in every case, the number of
jurors to be summoned for tbecircuit court, shall, in no case,
be less than thirty-six * and for the county courts, for the
terms for the trial of causes in the counties respective¬
ly, throughout the State, the number of jurors shall not be
less than twenty-four

Sec. 36. And bt it further enacted, That the clerks ofct#*bi and at*,
the circuit and county courts, and sheriffs of the different^****
counties rn this State, shall, after the first day of July next, l** roanbo^e
keep their offices at the several court-houses or places of
holding courts therein, or within one mile thereof

Sec 37. And be it further enacted. That when any suit
shall be instituted, by any person or imrsoni, a* assignee a*J gnee* than
or assignees of any bond or other writing, it shall not Of * 7 * i* ove ■*
necessary for the plaintiff or plaintiffs to prove the assign- t #f

ment or assignments, unless the defendant or defendants, *

shall annex to the plea, denying such assignment or assign¬
ments, an affidavit stating, that such defendant or defend¬
ants verily believe, that some one or more of such assign-
incuts was forged : or make oath to the same effect in open
couit, at the time of filingsuch plea
Sec 38 And be it further enacted. That in cases of ap-Appe»li fan
peals from judgments of justices of the peace, the court, be-H****
fore whom such appeal shall be brought, shall proceed ute '
to try the same according to the justice and equity of
the case? without regarding any defect in the warrant,
capias, summons, or other proceeding, of the Justice of the
Peace before whom the same was tried.

Sec. 39. And be it further enacted. That when any judg¬
ment shall be entered up for the plaintiff by any Justice,Forcible eatry
on the trial of any cause for a forcible entry and detainer,^ detainer
or forcible or unlawful detainer, no writ of restitution shall
be issued by said justice within twenty days from the day
of entering up said judgment

£ 16 ]

jtwlff# of coao- Sec 40, Be it further enacted* That the Judge# of cqum.
t)ico#m tofifct*y courts in each and every county, shall elect one of their
• ic juttics. 0W|| | luro 5 eP# w [j 0 8 | ra ii preside, and he styled Chief Jus¬
tice,

(Signed) JAMES DELLET,

Speaker of the House of Representatives.
THOMAS BIBB,

President of' the Senate.

Approved—December 14* 1819,

(Signed) WM. W. BIBB.

An act aaypAemctitars to “ aa act regaVat.
\ng the pvocccAtngs ot Vbe courts of \avi
and equity intYua state,” passed t\\c \>ve&-
eut session o£ \V\e UenecaY Assembly.

Sec. 1. Be U enacted . by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly con -
Chief Jasdee ofvened, That the Chief Justice of the county court of each
the countycottrt county, shall be vented with the powers and perform the
•—hrt power*. |jyy* ies which heretofore appertained to the office of Chief
Justice of the orphans and county coui t
When *nd how Sec £ he J urlhtr enacted, That the clerks of the
record* »nd pi- several county courts, and registers of the several orphans
p cr* tre lx*courts, shall on the first day of January next, deliver over
jrautfer'd from toJhe clerks of the county courts of their resj>ective counties,
cottit*! 1 all records and papers of said county and orphans courts*
and from and after the said day, all causes and proceedings
of said county and orphans court, shall he transferred to,
and be heard and determined in, said county courts.

The power* and Soc 3. And be it further enacted* That the clerk of tha
iunttof cSerk * county courts of each county, as soon as he is qualified and
^what^^wheo enters on the duties of his office, as required by law, shall
t» commence exercise and perform all the powers and duties, which here¬
tofore by law appertained to the offices of clerk oi the coun¬
ty court, and register of lhe orphans court

Sec 4 And be it further enacted That all writs rrturna-
when to able to any court of record shall bear test on the day on
War urn. which the same shall be issued

Sec. 5 And be it further enacted * That the clerks of the
Superior Courts of each county, shall deliver* over to the
•irowiU cooruVierks of the circuit court of the same, all records, hooks,
to tr*ni*«r pa and i>apers belonging to the office of clerk of the Superior
pen#«d record* Cot»i*t* and the clerks of the said circuit courts respectively

Clr Shal1 kee P thC Samt> m thelr C{ire ' ifl the S8me mar,,ter '** llie

other records and papers of their respective offices.

Ik

7

and he hereby is authorized* forthwith to issue writs of e-

lections to some tit persons in those counties where there Gcw *

is no Sheriff or Clerks in said county or counties for the u> „ cw C r>»ar?e»

purpose of electing: Sheriffs. Clerks, kc And, that the

magistrates ami constables in commission, who may have

fallen into any new county, other than the county or coun- Co,<w * b,c * •*

minted and commissioned, ii»htr^Sft TmS
consequence of the division of counties, shall continue as new tomtit*,
such, and hold and exercise the duties of their respective of- to ftc * w ***«u«d
flees until others shall he elected and qualified according to *******
law.

(Signed) JAMES DELLET,

Speaker of the House of Representatives »

THOMAS BIBB,

President oj the Senate

Approved-Dec ir* 1819.

(Signed) WJdL W. BIBB,

An act to provide to* the Organisation and
HiscApVimng of tbe Militia of the Slate
of Alabama.

Section 1. RE it enacted by the Senate and House of ^ n lWe
Representatives of the State ofMabama, in General Assembly miutu out/,
convened. That all free white men and indented servants, be¬
tween the age of eighteen and forty-five years, shall com¬
pose the militia of this State, Judges of the Supreme*

Chancery, Circuit, and County Courts, Secretary of State,
Treasurer, Comptroller, Attorney General, Solicitors to
the different circuits, licensed Ministers of the Gospel of
every denomination, public Ferrymen, Justices of the Peace*
Postmasters who have the rare of the mail of the United
States, and Postriders shall be exempted from militia duty*
except in cases of imminent danger* insurrection or invasion
Sec. 2. Jlitd be it further enacted , That the militia of this
State shall compose four Divisions* the first of which shall firrt DlVmdo
consist of the counties of Jackson, Madison, Limestone and Se d D .
Lauderdale ; the second division shall be composed of the
counties of Cotaco, Blount, St. Clair, Lawrence, Franklin*

E

[ 18 ]

4th Division

Fim Brigade,

(Second Do

Third Do

Futmh Do

mh Do

ditch Do

Seventh Do

Eighth Do

tfiftth Do

Regiment* how
formed.

Battalions.

Comp to i«t.

Regimenf# how
numbered.

rengo. Perry* Cahawha, Autauga* Montgomery, Dallas
and Wilcox? the fourth dhision shall he composed of the
enmities >1 Monroe,Conecuh, Homy, Butler, C larke,\\ ash-
ingfnn* Baldwin, anti Mobile : which divisions shall form
nine Brigades the first id which shall be composed of the
co irties <4* Ja kson and Madison ; the second, of Limestone
am! Lauderdale the third *vf the counties of Cotaco, Blount,
and St Clair the fourth* of the counties of Lawrence,
Franklin and Marion the fifth* of the counties of Tuscaloo¬
sa* Jefferson ami Mielby the sixth of the counties of Greene*
Marengo* Perry and Cahawba the seventh of the counties
of Autauga, Montgomery, Dallas and Wilcox: the eight.li,
of the counties of Man roe* Conecuh, Henry and Butler . the
ninth, of the counties of Clarke, Washington, Baldwin and
Mobile, each of which shall he commanded by a Brigadier-
General each brigade shall consist of not less than two,
nor more than five regiments each regiment shall he com¬
manded by a Colonel Commandant, and to be composed of
two Battalions; the first of wbic.li shat! be commanded by
a Lieutenant-Colonel, the second battalion shall be com¬
manded by a Major • each battalion shall consist of not less
than two, nor more than five companies; each company
shall consist of mt less than forty, nor more than one hun¬
dred and twenty privates, and shall be commanded by a
Captain. Fit st and Second Lieutenants* one Ensign, fiv 6
Sergeants* four Corporals and two Musicians ; the non¬
commissioned officers to be appointed by the officers of
their respective companies

Sec 3 The regiments of the Militia of this State shall
be designated and numbered as follows, viz : I he county
of Jackson number one, the county of Madison number two
and three, the county of Limestone four ami five, the coun¬
ty of Cotaco six, the county of Lawrence seven and eight,
the county of Franklin nine, that part of Lauderdale comi¬
ty lying east of Shoal Creek* shall compose regiment num¬
ber ten. and that part lying west of said creek, shall com¬
pose regiment eleven, St. Clair twelve, Shelby thirteen),
Blount fourteen* Jefferson fifteen, Marion sixteen. That
Thomas C. Hunter, Dennis Duit, Thomas Williams* Jo¬
seph D. Harrison, and William Young are hereby appoint¬
ed to divide the county of Tuscaloosa into two regiments,
as nearly equal as possible, having in consideration popu¬
lation as well as extent, Tuscaloosa seventeen and eighteen,

Greene nineteen, Marengo twenty, Cahawba twenty-one,
Dallas twenty two. Autauga twenty-three, Montgomery
twenty-four, Henry twenty-fne, that part of Monroe ly ing
east of the Alabama river shall compose the twenty-sixth
regiment, and that pert lying west of the Alabama* shall
compose the. twenty-seventh regiment* Conecuh twenty-
eight, Butler twenty-nine, Clarke thirty, Washington Ihir-

■ 111 ]

iy-one, Ferry thirty-two, The northern regiment of Mad*
ison shall he the second regiment, the southern regiment of
said county shall be the third regiment; the eastern regi¬
ment of Limestone shall be the fourth regiment, and the
western regiment ot' said county shall be the fifth regiment;
the northern regiment of Lawrence shall be the seventh
regiment, the southern regiment of said county shall be the
eighth regiment, and the line between the fifth and sixth
tow nships shall be the dividing line of said regiments

Sec. 4 Major-Generals shall be elected by all the com-M»j° r fcn<i *' Z
missioned officers in the division ; Brigadier-Generals shall
be elected by ail the commissioned officers of their respec¬
tive brigades; Field officers shall be elected by all persons f; et a officen,
liable to do militia duty in tbeir respective regiments *. Cap¬
tains and subalterns, by those persons liable to perform mi. Capuiw. Au
litia duty in their respective companies. AH militia officers
may hold their commissions during goad behaviour. None
shall be permitted to resign under three years, under the
penalty of being ineligible to any military appointment
for the next succeeding three years ; and, in case any mili¬
tary officer may become a candidate at any election fbr a
superior office and not be elected, Itis place shall not be va¬
cated thereby.

Sec. 5. The Adjutant-General and Quarter-Master-*^, r *^ h
General shall always be elected by joint vote of both Houses urted.
of the General Assembly, and shall bold tbeir offices for
the term of four years: Provided always , That the Gover- Proviso
nor shall have power to fill any vacancy that may occur in
the recess of the General Assembly, by appointments to ex¬
pire at the end of the next session of the General Assembly
succeeding such appointment: Provided also, That all gen¬
eral officers elected under this act shall be commissioned Provii0
under the same date and draw for rank : Provided,That the

commander in chief shall al wavs in time of war fix their-rank CftJ|

Sec 6. Major-Generals shall have power to appoint an *ppifnr *n
Assistant Adjutant-General to their respective divisions, a<3)ut»m
whose duty it shall be to receive returns oi the strength
and condition of the Militia from the Brigade Major, com¬
pile three copies of the same, lay them before the Major-
General for his inspection, and transmit annually* two cop*
ies thereof to the Adjutant-General of the State, and re¬
tain the other copy in his own office, it shall also be his
duty to make all details (in pursuance to orders from the
Major-General) on the different brigades of their respective
divisions* and keep a fair register of all the general orders
and official acts of the Major-General, and lay the same
when required, before any tribunal, be fori whom a Major-
Genera! may be tried on any charges exhibited against him.

The Ma jor-General shall appoint two Aida-tic-camp, who AidJMe ^
*hall have the rank of major, and perform such duties as

Staff, which shall consist of a Brigade Major with the rank
>gaa« uf [Major, an Aid-de-camp with the rank of Cap!kin. a
Brigade Quarter-Master, with the rank of Captain, It
Du<y of 3 f t shall be the duty of the Brigade Major to attend Brigade
g«k Major, drills when ordered* under the direction of the Adjutant-
General by the Brigadier-General and drill the officers in
conformity with the rules and regulations for the field exer¬
cise and manoeuvres of the infantry of the United States;
to receive from the Adjutants of regiments in his brigade, re¬
turns of the strength and condition of the several regiments,
and compile three fair copies thereof, which lie shall sub¬
mit t the Brigadier-General for his examination and in¬
spection, two of which copies he shall annually transmit to
the Adjutant General of the division, to which his brigade
may he attached, and the other he shall retain in his own
office; It shall also be his duty to make all details, in pur¬
suance of orders from the Brigadier-Genei al on the re¬
spective regiments of his brigade, ami keep a fair register
of all general orders and official acts of ihc Brigadier-Gen¬
eral, and lay the same before any tribunal before whom the
Brigadier-General may be tried on charges alleged, when
Psuyof A required so to do It shall be the duty of Aids-de-camp to

**mp* perform such duties as are perfor med by Aids of Brigadier-

Generals in the army of the United Stales Brigade Quar-
Brif?dt Qjmt* ter- Masters shall attend brigade drills, designate and lay
**”’ off the ground for drilling and encamping the officers, tako

charge of all public stores committed to his care, and per¬
form al! other duties required of an Assistant Quarter-Mas-
ter-General in the service of the United States,
wj’t 8 The Assist ant Adjutants General shall receive

Oeutftl his pay the 8 iun of three dollars for each day they rnuy be engaged
in discharge of their respective duties, to be paid out of a-
t»y money in the treasury not otherwise appropriated, e*t
III# certificate of a Major-General or Brigadier-Genei al.
Sh>»y hhjor gee 9 Major-Generals may review any corps of their
©«o«*iL division, when they may think proper. Provided, they shall
not convene by special order any troops for that purpose.
Of Brie, o*»«- Brigadier-Generals shall review the different regiments of
tmu their brigades, once in each and every year. Major-Gen*

rials, or officers commanding divisions, shall receive and
execute all orders from the Governor and Commander in

Chief Brigadier-Generals, or officers conungtHling brig¬
ades, shall receive and execute ail orders from the Major-

[ *11

ompanies filial 1 receive end execute all orders from com*
manding officers of regiment#

Sec 10 it shall be the duty of the Governor and Com-Officei* tomtet
mender in Chief, to cause all tire commissioned officers ot 4f * ** * ril * c * 4
the different brigades to meet at some convenient place,
near the centre of the brigade, and have them drilled and
encamped on the ground b) the Adjutant-General, not less
titan four, nor more than six days, in each and every year;
ami the Governor shall give the Brigadier-General noticedrife
day* notice of such driilsand encampments, and the Brig¬
adier-General shall give thirty days notice of such drill and
encampment, to the commanding officers of Regiments or
battalions, as the case may be; and any officer failing orpenmlty Cm mat
refusing to attend any of the afoicsniu drills anti cm amp-nesting,
ments, shall be liable to be arrested and cashiered, in addi¬
tion to the linen ast retained in the twenty-sixth section of
this act Provided, That all reasonable excuses shall be
taken . And provided furthermore , That the Governor may Prct,, ° v
at his discretion, when it will be greatly inconvenient to the
officers of any brigade to assemble at one place for the pur¬
pose oi drill and encampment, to divide and cause the drills
to be at two different places, as convenient to tbe officers
in the extremes of thfe brigades, as mty be.

Sec. 11. The Governor shall detail general Courts Mar-
tiaL, for the trial of Major-Generals, who may have beenhow^pomu*
guilty of any mutinous, umnilitary, or ungentlemanly con¬
duct* or for any neglect or refusal to discharge his duty,
which court shall consist of at least seven members, one of
which shall be a Major-General No sentence of a Court
Martial, affecting the life of a Major-General, shall be ex¬
ecuted, without the consent ol four tilths of both Houses of
the General Assembly nor shall any sentence not affecting
the life of a Major General, be executed, until submitted to,
and approved by the Governor.

Sec. \ £. When any of the Brigadier-Generals may have Brig. General*,
be^n guilty of any mutivious, umnilitary or ungentlemanly irie< b
conduct, or any neglect or refusal to discharge bis duly,
the Major-General shall have power, and it is his duty to
arrest the Brigadier-General, and detail a General Court
Martial for his trial, to consist of seven members, one of
whom at least shall be a Brigadier-General No sentence
of a Court Martial affecting the life of a Brigadier-Gene,
ral shall be executed, unless approved by four fifths of the
whole number of both Houses of the General Assembly, nor
shall any sentence not affecting the life of a Brigadier-Gen¬
eral, be executed until submitted to, and approved by the
Major Genera!

Sec 13 Brigadier-Generals shall have power, and it is FifM oglcer
their duty to arrest any field officer under hia command, on how (tied, cer<%
charge of umnilitary or ungentlemanly conduct, or neglect

if such Field officer, to consist of
bers, one at least or whom shall be of equal grade with the
accused, and the balance. Field officers No sentence of any

ctionea oy tour
of bath Houses of the General Assembly, nor shall any sen¬
tence not affecting life, be executed, until submitted to and
approved by the Brigadier-General.

Court* Mirtial. Sec. 14. Whenever any of the Courts Martial (Regi-
how organized. mental Courts Martial excepted) provided for in this act,
shall have been detailed ami convened, the senior or supe¬
rior officer shall be the president, and the court shad choose
a Judge Advocate, who shall he sworn by the President, to
a faithful and impartial performance of his duty, and to keep
the proceedings of the court secret, until divulged by the
officer ordering the same; the Judge Advocate shall then
administer a similar oath to the President and members of
. the court

pQi»rS»r See 15. The Governor shall have power to app dnt four

suitable persons, as bis Aids-de-camp, who shall have the
rank of Lieutenant Colonel, and serve the Governor in the
same manner as aids of general officers do
Aejataot Gear- Sec. 16. The Adjutant-General shall rank as Colonel
*»!*. *®dof Cavalry t he shall receive from the Assistant Adjutants

imeis. General of Divisions, all returns of the strength and condi¬

tion otfhe Militia of this State, and make out four fair
copies thereof, annually, lay one copy of the same before
each branch of the General Assembly, and retain one copy
in his own office, for the information of the Governor and
Commander in Chief. He shall-transmit all orders from
the Governor, and in pursuance of his orders, make details
on the several divisions of this State. He shall annually
transmit to the Secretary of the War Department of the U-
uited States, a return of the strength and condition of the
Militia of this State; he shall obey and execute all orders
of the Governor: he shall attend at each brigade encamp¬
ment, and train the officers under the direction of the Ma¬
jor-General, or Brigadier General, in the most approved
evolutions, as directed for the discipline of the United

_ _States troops, and receive as compensation therefor, the

suns of one thousand dollars.

Chitin Ol Qi M. Sec. tr. The Quarter-Master General shall be charged

Scneral. with the care of all public stores, of arms, ammunition,
tents, camp equipage, #c And whenever any part of the
militia of this State shall be called into actual service, he
the reauisition of the Governor, or

Compeotttioc

ftattes of Q_M
General.

r 2$ i

it* the field) as are performed by Quarter Masters General

in the army of the United States, and shall have the rank

of Colonel of Infantry ; he shall keep a register of all arms,

accoutrements and military stores, belonging to the State;

he shall also take rare, that the public arms and stores are

not destroyed s he shall also take charge of all public arms

and stores, as may be returned by any part of the militia of

this State, who may have been in actual service ; he shall

at all t imes give to the Governor when required, an account

of the quantity, state and condition of all arms, camp c-

quipage and public stores that belong to the State, he shall

give security in the sum of ten thousand dollars, for the

faithful performance of his duty, and receive for his servi-Compcnmion.

ces annually, two hundred dollars

Sec, 18. The Commander m Chief for the time being, ^™^ mari<icr 10
may at his discretion, aid and assist the citizens of any por-^x^pom^
lion of the State, in erecting temporary works and means
of protection, and build such redoubts, and establish such
military posts, as he shall deem necessary and best calcu¬
lated to promote the common defence.

Sec. 19 The Commander in Chief for the time being, And remove
shall have authority to remove to some temporary 0 ** 11 .*® 1 '* ^
place of safety, and deposit, such portion of the arms«^* ********
ammunition, arid military stores, at any time deposited in
the arsenals of the State, as circumstances may appear to
require, and when necessary in his opinion to provide and
furnish sufficient guards to protect the public arsenals, un¬
til it be found expedient to call out into public service, de-May call <mt
tachments of the militia, on whom this duty may in part maitia
devolve ; and it shall also be his duty from time to time to ex¬
amine,or cause to be examined by some proper officer, the sit- a * mu **
nation of the several arsenals throughout the State, to require
security from the arsenal keepers, and to remove them for
negligence, or other improper conduct, or for incapacity of
performing the duties devolving on them as such, and to
appoint, in case of removal, other persons to supply the va¬
cancy thereby occasioned.

Sec. 20. Each commandant of a regiment of Militia in ne^imeuul
this State shall hold a regimental muster annually, at such musters
time and such place, as may be designated by the brigadier-
general, who shall give thirty days notice to the commanding
officer of the regiment of the time and place of holding such
regimental muster; and each Battalion shall hold one mus-®*«*hon mat¬

ter*

ter in each and every year, at such time and place, near the
centre of the bounds of the battalion, as may be directed by
the commanding officer of the regiment, he giving the com¬
manding officer of the battalion, twenty days notice of such
muster.

Sec 51. It shall be the duty of Adjutants of Regiments « . # .

to attend all regimental or battaltion musters, and assistunttWrrgSr

t ** 1

in preparing for review or evolution * he shall keep h re
gisccr of the officers of the regiment, with their grades and
of the strength and condition of each company, he snail
obey all orders from the field officers of his regiment, and
serve all notices or process directed to him on the officers
of his regiment; he shall make annually, on or before tlw
first Monday in Jniy, to the Brigade Major, a complete
return of the strength and condition of his regiment by bat.
t* lions; he shall keep a record of all regimental or hat rat¬
ion orders, ami of the proceedings of regimental and bat¬
talion courts martial, he shall keep a register of every of¬
ficer and private, drafted or detailed for the service «>( the
State, or the United States, muster, inspec t and march to
the place of rendezvous every detachment of detailed mi¬
litia, and forward a complete return of them to the Brig¬
ade Major, he shall distribute to the captains or command¬
ing officers of his regiment* such forms of returns as the
Brigade Major may lurnisli him with, and each Adjutant
shall receive such compensation, as the Regimental court
martial shall think proper for his services to be paid by the
Paymaster out of the fines collected, on order from tlw

m

President of such court

Dni!e« of Q_M Sec ££. It shall be the duty of the Quarter Master* to
attend all regimental and battalion musters, and under the
direction of the commanding officer, choose a place of pa¬
rade, and with a guard prevent disturbances from specta¬
tors, he shall on order from the commanding officer of the
regiment* purchase instruments of music, colours &e. and
, draw on the Paymaster for the same,

m^cr Pay * Sec £3. It shall be the duty of the Paymaster to attend
regimental and battalion musters, and aid in the execution
of the orders of the commanding officer. he shall receive
alt money collected for fines, by the sheriff or constable,
and receipt for the same : he shall account to the regimen¬
tal court martial, at every annual session, to the amount of
fines received, and bow expended be shall on order from
the president of regimental courts martial, pay the Quarter
Matter and Adjutant for expends and services; he shall
To give scran- give sufficient security to the Colonel or commanding ofH-
«y cer for the faithful performance of his duty, and shall re¬

tain six per centum out of the monies received, as compen-

m* Sec* 24. the Adjutant, Quarter Master, and Paymas-
p*r master ter sit all rank as first Lieutenants, and the regimental staff
in addition to them shall consist of a regimental Surgeon,
Rcgtracmai two Surgeon’s Mates, a Sergeant Major, a Quarter Master
SuS Sergeant, sl Drum Major and Fife Major,

df Cm «. Sec 525 It shall be the duty of Company officers, to
v*nf cBocst hold Company musters, once in every two months* except
the months of November, December, January, and Fehrua-

ry; to give ten days notice of every company, battalion
or regimental muster, and advertising a the usual muster r« r w aotlc*
ground and six other public places in the bounds of his com- of m,mtr#
party,or in any newspaper circulating within the same,or no¬
tice given atone muster of the next company, battalion or
regimental muster, shall be deemed sufficient notice of the
same, and tt,e commanding officer shall note down all de¬
linquencies at company musters, and make a return on
honour thereof, to the company court marital, and in like
inaoner, make returns of delinquents at battalion or regi¬
mental musters, to battalion or regimental Courts, martial;
he shall cause the company to he drilled in the step, the
manual and ihe evolution*! prescribed for the field exercise
ami rnarueovers of the infantry of the United States,

Sec :26 The following fines shall without arrest be aa-
8 rs*ed on officers and privates, at the stated regimental bat- J Si ^* 0 M *
taiion and company courts martial on a Colonel, for non-
attendance at any regimental muster, drill of the officers,on a colonel
regimental courts martial, or omitting to give notice of offi¬
cers drills and musters, not less than twenty dollars, nor
more than forty dollars; for failing to order battalion mus¬
ters annually, not less than ten dollars, not* more than fif¬
ty dollars : for failing to order a regimental court martial,
once a year, and give due notice and attending ai such
court, fifty dollars for failing to call out his regiment on art
alarm, or failing to hold any draft, ordered, five hundred
dollars for deficiency of any article of uniform, not less
than five dollars nor utorc than twenty dollars, for neglecting
to order music and colmirs to be purchased by the Quarter¬
master, and distributing the same, ten dollars . for neglect¬
ing to take b nd from the Paymaster, live hundred dollars;
for failing to arrest any officer of his regiment, for any .of¬
fence before recited, or for unmilitary or ungentlemanlj
Conduct, and failing to detail a special court martial to try
such officer, one hundred dollars; for failing to return the
Lieutenant Colonel, Major, Adjutant or any me in bee of the
staff for any offence, one hundred dollars On a Lieuten¬
ant Colonel or Major for non-attendance, at any field mu*- 00 *
ter, drill of officers, regimental or battalion courts mar-f£* onct or
tial, for failing to give notice to bis Captains or either of*
them, of any field muster, regimental or battalion courts
martial, not less than tei\ dollars, nor more than forty dol¬
lars; for deficiency of any article of uniform, or arms, not
less than five dollars, nor more than twenty dollars for
tailing to turn out his battalion on order, or executing
any draft thereon, five hundred dollars for failing to or¬
der Battalion courts martial once in every year, fifty dol¬
lars* for failing vO return any of his captains in default, to
the regimental, or battalion court martial, twenty dollars *

On an Adjutant, for failing to execute any one article of 0 * *a adjutant

C 26 3

Paymaster

Uteri*

liis dnfy, as enumerated in this act. any sum (hat the regi^
mental court martial shall asses not less than twenty nor
more than one hundred dollars for deficiency of any arti¬
cle of uniform* not less than five nor more than twenty dol-
Qotmr master lam On a Quarter-Master, lor failing to attend regimen¬
tal field musters and drills, not less than five nor more
than fifteen dollars, end for failing to do any other Item of
his duty, enumerated in this act, such sum as the regimental
court martial may assess, not exceeding fifty dollars ; On
a Paymaster for failing ro attend Regimental musters and
courts martial, not less than five, nor more than ten dollars;
for failing to account with the regimental court martial, one
thousand dollars: for fading in any other item of Ids duty
as enumerated in this art, sin h sum not exceeding fifty
dollars, as a regimental court martial may assess; On a
Captain or auk- ^H^aio <>r Subaltern for non-attendance, at nny field or
Company muster, drill of officers. Regimental or Battal¬
ion Courts martial, ten dollars -, on a Captain, for fading
to give notice of any field or company muster, twenty five
dollars for failing to drill his company as often as this
act directs and give notice thereof to members and default¬
ers, twenty dollars , for deficiency in each and every arfi-

r «r 4* V

tie of uniform in any captain or subaltern, noi less than
five, nor more than twenty dollars for failing to appoint
and notify non-commissioned officers, thirty dollars for
not returning to the regimental or* battalion court martial,
his subalterns for detault, ten dollars for failing to hear
his company rolls called at each field or company muster,
Hud to return all defaulters to the proper court martial,
twenty five dollars; for failing to appoint patrols duty,
thirty dollars for failing t*> have every person liable to
do militia duty in the hounds of his company cnrolM, or
neglecting to return any private that is unarmed, ten dol¬
lars for tailing to make to nis adjutant within ten days
a'ter the regimental muster annually, a complete return of
the sti ergth and couiffthm of his company, fifty dollars;
On a non-eummissionu! officer, for refusing to art. ten dol¬
lars! for failing t<» give any m the. serve any process or
obey any orders of hi« superiors, five dollars for failing
to make return in writing t.» his commanding officer of ths
manner he has executed any order, five dollars On rum-
conipmsh»f»efl officers, nr pi hates, for non-attendance at
any ngonenfa! ur battalion muster, not less than one, nor
more than three dollars: for non-attendance at company
musters, not less than one, nor morel ban two dollars for
deficicwy «»f any article of arms at mi ster, one half dol¬
lar for refusing t<> turn out on order of his proper officer,
in case of insurrection or invasion, seventy-five dollars;
for fading to repair to the place of rendezvous when draft¬
ed or onlcfred into service, one hundred and fifty dollars;

Ho» -corn mi*,
stoned officer

OT private*

[ 27 1

and a!) the pains and penalties to wfrrch a deserter from tb«

aervice of the United States is subject to- ail of which

fines shall be returned to the sheriff of the county in which How eo>*

the offender may reside for collection* by the president of lccccd

the courts martial before whom they may be assessed

* r roviM

provided, all reasonable excuses shall be taken, and Provi¬
ded also ♦ That any defaulter returned may, previous to the Defaulter ttnj
fines being assessed, go before any Justice of the peace, makf c * Ctt,e
and make oath or proof of his excuse for non-attendance at not ‘ * Ucn< l* tiCC
any muster which shall be read in evidence* on his trial be¬
fore such court In cases where there has been manifest
neglect of duty on the pari of the officer or soldier, the
court martial trying such offender, may add to the forego¬
ing fines any amount, not exceeding the one fifth of the of¬
fender’s state tax

Sec 27* Lieutenant-Colonels and Majors shall order Jonc
battalion tourts martial for their respective battalions an- m * r o*!^b^ 1
nuttlly, and detail one commissioned officer from each com-•Mooted
pany in his battalion* to convene and sit at some place as
near the centre of the battalion as convenient, in which
they shall assess all fines incurred by officers, non-commis¬
sioned officers and privates, at battalion musters, having *' TWm
given twenty days notice of the time and place of holding
such courts, and having taken an oath to render impartial
justice to all concerned, according to law, and to the best
of their knowledge and judgment, which oath shall be ad¬
ministered by the president, to all the other members pre¬
sent, and by some one member to the president, and the
officer ordering the court, shall also name the officer in his
battalion, who shall act as Judge Advocate to the same;
and any person aggrieved by the sentence of any battalion
court martial, may appeal to the regimental court martial vc may W** 1
next succeeding: Provided , such person give security to p roTi->
the president of such inferior court, to pay the fine in case
th* same b© confirmed

Sec 28 The commanding officers of the regiments shall
odee in every year detail a regimental court martial, to «v.

consist of the commanders of battalions, one commissioned w,fL .‘* l » ho*
officer from each company of bis regiment; the president
•hall administer the oath prescribed in Uic twenty-seventh
section '*f this act, to the Judge Advocate, and the Judge
Advocate to the other members £uch courts shall assess
all fines incurred by the officers non-commissioned officers Power?
and privates of the regiments in the cases before recited,
and shall hear ai d decide all appeals sent up, and confirm
or reverse them, and send by the adjutant a list of the ca¬
ses so confirmed and decided to the sheriff, that the fine
may be collect' d . No officer shall sit while his own case is
considered the commanding officer shall give twenty days
notice of the sitting of £he court martial# and name the of-

t 2S ]

fiver who shall act as Judge Advocate, and any officer may
return me colonel or any other officer in default, to the re¬
gimental court martial.

Sheriff or con- Sec 29 The sheriff, or any constable, in each county*
€Cl collect all hues assessed at courts martial, on order

from the president of sueh courts, containing the amount
ot fines and the names of the persons on whom they are as¬
sessed, and the sheriff or constable shall collect and pay
over to the regimental paymaster, within thirty days alter
the receipt ot the assessment, and take a receipt for the
same from the paymaster, and the sheriff or constable shall
be allowed such fees as the law allows in other claims of

the same amount In case no property can be found, any
defaulter may he seized and committed to jail until the line
Proviso he paid Provided always, such defaulter may he released,
by swearing before a justice of the peace that he is not
Worth the hue.

Sec. SO. No officer or private shall he arrested by any
Officrr* tndprb civil process, while going to, continuing at, or returning
jaw* exempt f rom Rn y muster or court martial, or other military meet*
jng; and any arrest, process or execution on the person, at
such times, is hereby declared void AH persons liable ro
militia duty, going to or returning from any muster or
court martial, shall pass all ferries, bridges and turnpikes
free of'expense.

Officers may Sec 31 Any officer may put into confinement for the
C«o fine bysun, day, any bystander, tl it may intern upt the muster, drill or
dcr.a^d pnvaiea court martial and anv person enrolled, appearing at any
to certain cases rmister or drill, shall be ordered info the ranks, and if he
refuses shall he put into confinement for the day, and fined
in a sum not exceeding ten dollars and no person shall be
exempt from military duty, unless in the opinion of a regi¬
mental court martial, the same maybe wholly unfit for ser¬
vice, and if the court have doubts, they may require tha
opinion of the regimental surgeon; as soon, however, as
such inability may be removed, the person shall be again
ordered to duty

Miiiti* called $ ec All militia called into actual service shall bo
inteservice haw paid, rationed and governed, as the United States troops
p»idfrgovc»Dcdar€, and be subject to the ** rules and articles for the gov¬
ernment of the armies of the United States,” whether such
militia be accepted, in the service of the United States, or
this State.

Sec. 53 In case of a second draft taking place before
the tour of duty expires, for which a substitute has been
hired, the substitute shall stand his draft, and if drafted be
liable to join the second detachment, as soon as his former
tonr may expire, and in case of drafts the requisition shall
call for officers, non-commissioned officers and privates:

; Vm Provided always , That any person furnishing a substitute

[ 29 ]

shall be exempt from serving himself, but shall notwith*
standing, be compelled to attend company, battalion and
regimental musters, and perform patrol duty, and in the
event of a second draft, should his subst itute be drafted be*
fore the former tour is performed, the persoh furnishing
said substitute shall perform the tour of duty of hard sub¬
stitute. until the former has been performed, and the said
substitute join the second detachment.

See 34 All persons liable to do militia duty, moving
into the bounds ot a company, shall within thirty days, or Pmen* remor*
at the next muster after his arrival in said bounds, report 1 /* * h */ , f,?e
liitiisefl to the commanding officer of said company, who ai»»d#r oi m©
shad immediately enrol him and any person failing to re-*omt**y
port himself accordingly, shall in case of a draft of the mi*
litia, not stand his draft as others, but shall be placed on
the lirst requisition The commanding officer of a compa¬
ny . shall enrol all able bodied men, between the age
eighteen and forty-live years, subject to do tjiimta duty in enroll tfrum
his bounds, and in all cases the commanding officers of all i>*r*or.*m,hte»
militia companies shall‘compel every person enrolled, or mtiu,a dul /
residing in the bounds of his company, to do duty therein,
until such person shall produce a certificate I torn the cap¬
tain of some volunteer company, that he is legally enrolled
in $uch corps and is equipped as the corps requires.

Sec 35. There may be one company of light infantry, j ^ ipft
riflemen or grenadiers to each regiment, to consist of not i<8 rm*»or gr%
less than forty-eight, nor more than eighty privates, and 04 ^**
shall be commanded by a captain, two lieutenants and one
ensign, four sergeants four corporals, and two musicians
or bugletnen, as the case may be, and any person belong¬
ing to any volunteer company* shall not be exempted from
serving as patrols, under the appointment of captains of
regular militia companies, and all volunteer companies of
light infantry, riflemen, or grenadiers, shall have power to
choose their own uniform *. and no volunteer company shall
be established for a shorter period than three years

Sec. 36. There shall be only one troop of cavalry in
each regiment, which shall muster at such place as Mm mi

commandant of the regiment may appoint, and onecompa- 1 ™
nv of artillery, to muster in like manner, at such places as
the colonel commandant may appoint

Sec. 37 It shall be the duty of the Governor, forthwith, Governor »h»u
to issue his writ of election to Ihe sheriffs, or some other lfmc e*

person, of the different counties in this state, who, on the 1 ^* 00 *
receipt thereof, shall hold elections for colonel, lientenant
colonel and majors in each regiment in their respective
counties, and make immediate returns to the Governor
thereof, and on the returns being made, the Governor shall
grant commissions accordingly, and issue writs of election aw |
for Brigadier Generals, in their respective brigades, and miiiila.

£ ™ )

appoint ft proper superintendent, naming the place am! time
for holding said election* and it shall be the duly of tin* .su¬
perintendents holding Hindi elect tons* to return the same
sealed to the Governor, and on the receipt of said returns,
he shall gtrant commissions, and then issue writs of election
for Major Generals* appointing a pr per place and super¬
intendent* and naming the tim«* for holding such chi lion*
and it shall be the duty of such superintrudeu! in hk» man,
her to seal the returns of such elections, directed to the
Governor, whose duty it shall lie, to grant commissions ac¬
cordingly. And it is hereby directed that each odd er re¬
spectively, shall organize his immediate command, and
when an election for any company officer* takes place* the
commandants of battalions .shall certify who has beer fleet¬
ed to the Governor, who shall grant commissions accord¬
ingly: and mall subsequent elections the G»\erno* shall
appoint the time and place and superintendent of the elec¬
tion for Major Generals ; Major Generals shall provide in
like, manner for the election of Brigadier Generals in the
brigades composing their division. Brigadier Generals shall
in like manner provide for the election of Colonel comman¬
dants of the regiments* composing their brigade. Colonel
commandants shall in like manner provide for elections of
Lieutenant Colonels and Majors, to command the battal¬
ions in their regiments; and Lieutenant Colonels and Ma¬
jors shall in like manner provide for the election of all
company officers.

Sec 38 . That when any officer shall he elected agreca-
uatk tfetmte* jjj e to the mode pointed out, and directed by ibis at t* I ho
dutg c teuton opposing candidate after such election has been held* and
before return is made thereof, if he thinks himself aggriev¬
ed and shall think proper to contest the election, he slrdl
remonstrate to the Governor forthwith, and if a captain
or subaltern give thirty days notice to the officer, who is
returned elected, that at the next Battalion court martial
he intehds to contest his election, and it shall be the duty of
the Battalion court, to examine all returns, made of said
election, and determine who is duly elected, and should a
candidate for Colonel, Lieutenant Colonel or Major d< ter-
mineto contest an election, he shall remonstrate as before,
and shall give at least thirty days notice to the party, who
has been returned elected, that at Hie next regimental court
of Inquiry, he will contest the cleetiou, by which he has
been returned elected, and said court shall examine all the
returns and pronounce who has been dulv elected and should
a candidate for either a Brigadier or Major General, think
proper to contest an election, the party thinking himself ag¬
grieved, shall remonstrate, as before, and shall give notice
to the returned officer, that he intends contesting His elec¬
tion. wiiicb notice shall be given at least sixty days pmi*

[« }

otm to lit* decision of such contest, when the returns find
other vouchers relating to surii election.shall be made to the
Governor, vs ho,after examining the same, shall declare who
is dnl v elected Provided* That if any person shall conical ^ovh»
tiie eiefiion id' any officer of the Militia of this State, he
eliail i otif) him in writing, stating the grounds that is in¬
tended to f oldest the election on, also to give tea days pre-
a ions notice, stating the time and place for taking such de¬
position tube read as evidence in auchcaae.

Sec. T 9 1 fie commandant of Brigades shall call a court

martial at such time and place, as he mat ricexn'inost ron- ?* mu

m i | /i . * k z+ * i , *iOW

vcmern, to be composed of all the field officers in his Rri formed,
gade * nt w hu h court the Commandant of Brigade shall
pr< ode, a majority of all the held officers in the Brigade to
con-4 if ute a court for business, which shall be called a Bri¬
gade ( <>ort Martial, and shall regulate the bounds of the
different regiments in the brigade, unit form additional re- Their datiet.
gini'oit!, when by it, the court are of opinion the interest of
th Slide will be advanced The president of the board shall
(w hen a new regiment is formed) issue orders for an election
to he bolder* for Colonels, and direct the time and appohit
superintendents lot the same, and the colonel,when elected,
shall proceed to or ganize his regiment in hucIi manner as »g
prescribed b\ this act

Sec 40 I hat tlie counties of Baldwin, Mobile and
Wjl( « x shall eac h compos** one Battalion,to be commanded ? a ***

by a lieutenant Colonel, w ho shall be appointed in the man- wiitox m com-
ncr prescribed b\ this act for the election of Colonels com-v*** «*■« bitut-
niamlnnts. and the said Lieutenant Colonels shall have po\v-‘ on tarh *
cr to appoint their Stuff, and organize their resjtecLve Bat-
taboos, m the sum 1 manner that colonels commandants arc
directed b\ this ar t Provided ahvntfs. That it shall be the p rovi
dotv of tlie Hi igadier (it neral, in w Imse brigade any of the
counties above named may be.to organize a regiment there¬
in, so soon as the militia thereof shall amount to five hun¬
dred edeclive men

See 41 That the uniform established by the laws of the Uniform »o the
TJst ip s for tin* different corps thereof, shall he the of >h« v,
uniform for similar corps in tins State, and the same sl»aII? fo br ,bc u ^!~

. * . . form Of thn

be declared Irum time to time by the Governor, by general $ut«

prod am a* ion

Sec 4 2 All officers whose rank is not fixed, or* whose Officer, to hoW
duly is not prescribed by Ibis a* t, shall hold such rank, per- ^ ‘**^ c u' s*
ioroi such duty, and receive such pay when in serviced as -, rmy
similar officers hold, do and receive in the United States
army.

Src 4o That alt arms and accoutrements ol the mili-Arm*. etc, m*
tin of this State shall be at all times, exempted from distress rln P t b° n| *****
vudvr u\ attachment, execution or other legal process.

t ^ J

Du*? of rrtkm Sec. 44. Tn case nlr alarm tram an enemy* either in-*
< "' K 01 aUiTO let-rial nr external, information (on which he can rely) bring
lodged with any commandant of a company, be shall forth¬
with call together his command or any pari thereof* and
di.pateh an express immediately, to the nearest held officer,
who shall dispatch expresses at his discretion, call out his
cormnandpiml shall have power by themselves or 1 heir war-
^ „ s rants to any interior officer or soldier, to contract for any

B rms. etc, arms,ammunition, provisions, horses,waggons, carts, boats,

pereaugers and vessels with their furniture, or whatsoever
other things, they shall want, or have need of, for the ser-
provifc vice of the State . Provided, that all such things, so con trac¬

ed for* be by the said officers or their clerks entered in a
book, to he kept for that purpose : and the captain or com¬
manding officer of each company, after such alarm shall be
over, and before such company shall be discharged, .shall
order as many men as be may think necessary, to carry the
several things by biro contracted for, to the respective
owners, who, upon the delivery of the same, stud! give a re-
To dnw cm the "The officer shall likew ise have power to draw on the

crea * ur 7 j H p ) jj c treasury, for so much money as be shall think the
carriage oi the several things are worth.

Gath* of officer* Sec. 43. Every officer, before lie enters on me duties of

the office, to which he shall have been appointed, sh.fll take
ami subscribe an oath to support thcconstitutinn of the Uni¬
ted States, and of the State of Alabama; and also to demean
himself well and faithfully, ami impartially to execute the
duties of his office, to the best of his ability ; a certificate of
which shall be lodged with the adjutant of the regiment, lor
all company officers, and for all field and general officers'
with the Governor.

Company comm Sec 46. dud be it Jurther evaded. That company courts
mmwu, vfacn martial shall be holdett on the next company muster day or
any time within ten days thereafter* and that at each regi¬
mental court, of inquiry, I he proceedings of each company
court martial, shall he returned by the captain or comman¬
ding officer of each company, accompanied by a certificate
on honour, that the return is correct l he commandant ot
each company shall give notice at each muster, of the tune
and place of bolding such court* which shall be. deemed a
legal notice to delinquents

Sec 47. Be it further enacted. That should any person,
who has been fined according to the provisions of this act,
move ( >ut of the remove out of the county »?» which said hue was assessed,
county the amount of said tine, shall he forwarded to the Sheriff of

the countv into which the delinquent has removed, by the
Sheriff of the county from which be removed, ami the
Sheriff to whom said return is made shall proceed forthwith
to make the money, and shall within thirty days cause the
money to be paid over to the Paymaster of the regiment,

Koike how g\*
ven

Mode of pro-
Ccedi ig sgunst

I ** ]

from which said delinquent removed, after retaining soeh
commissions, as are granted for the collection of such sums

in other cases

48 , Jiitd be it further enacted , That the Governor is Go * cfnor m%y
hereby authorized and empowered to accept of the service ac «p« wl»ok».
of volunteers, from that clans of'citizens, exempt from m»l-tccr»
ita ry duty, to act on cases of emergency, in the defence of
the counties from which such tender of service maybe res-
pec lively made, and as soon as the number proffering their
service from any one county, will justify the appointment
and commissioning of officers, the Governor at Ids disc re*
tiou, shall make and issue such appointment* and commis¬
sions, being reguiatcd by Mich rules in establishing the
grades as he may adopt , Pro videiL mi person be enrolled
under the age of eighteen year .except with the consent of
his parent or guardian : and imrnt dtately after the Gover¬
nor's acceptance of any number of such volunteers, each
private shall proceed to arm himself, with a good rifle or^™^** ho *
shot gun, with four spane flints and twenty round** of pow¬
der and hall, or cartridges of powder ami buck shot, toge-
gether with the most convenient accoutrements The coin. oScera how
missioned officers of such corps shall arm tliemselvcs vvilh«**e-i.
swords And when in the opiiptm of the Governor, an
emergency shall require it. he is authorized to call into ser¬
vice the whole or any part of such volunteers who shall
receive such pay, and be subject to such rules, as other
Soros of militia are.

Sec 49 Jind be it further enacted , That any person or p enom f awing
persons, who may hereafter be conscientiously scrupulous scruples ofu>n«
of hearing arms, shall make known their s< rtipies and thrf ct#nce *** ta
cause thereof, on oath or affirmation to the court martial of
the regiment to which they belong, and power is hereby
vested in said court, to exempt him or them from military
duty, otj his or their paying such equivalent for bis or their
personal services, as the court may direct Provided . Thatp r0 viio.
no equivalent as an exemption folr personal services shall
be demanded, in time of peace

Sec 50 Jhul be it further enacted , That in all cases of sememe ** . *
trial of any officer of the militia of this State, for ungentle-f ”,”"\
manly conduct, or misbehaviour in office, by any court hie of icui«
martial, when not in actual service, either under a regular l « ,,<n «
requisition at call of the United States, or of Ih^s State, the pf * i0m
judgment of said court shall in no case affect the life of any
person accused, but shall only operate to removal from of¬
fice, reprimand or fine, in any sum not exceeding one thou¬
sand dollars, at the discretion of said court.

Sec. 5i. And be it further matted. That all acts and

E

L *» 3

parts of act* repugnant to. this act, hr, and the same are
hereby repealed.

(Signed} JAMES DELLET,

Speaker of the House of Reprcscntanvct .
THOMAS BiBli

Approved—Dec. 1 7, 181$.
(Signed)

Frtsidenl of the Sennit.
1M. W. BIBB.

Jin net »n\> \d e me nUvr ^ to the net passed
\htt tvio Houses of Wie Genera\ Aseenv-
hYj, Anting theie present 'session, enti¬
tle A 44 nn act to •pro’vide for organizing
auA disciplining tl\e Aiiiitia of the State
of Alabama *,” and an act entitied 44 an
act to xegutate the proceedings of the
courts of Law and'Equity in this State.”

Soc l. Be it enacted by the Senate and House of Repre*
ee.ntatives of the State of A ulnuna , in General Assembly con¬
vened , That instead ol\a Lieutenant Colonel foe cacti coun-
e^smtei of onety, in which there is or rauy he only one battalion, its pro-
t<Tha#ea c ^J 8Cr *k<?d by the act, to which this is a supplement, there shall
loitSi a Major Cainmandant, who shall he appointed Ln the
h cmaimer, and perform the duties, which were assigned for
the Lieutenant Colonel

Sec 2 And be it further enacted , That instead of firs 6

toetth^ewa*”* seCol> ^ Bieutenants 1o each company, there shall be on©
^o € 4 c cx>m **’Lieutenant, who shall be elected in the manner prescribed
by the act aforesaid And the Governor is hereby author*
Oowenwrtorfr i^ed, to designate the time when, and the places in the sow
*Uce of t<W ' \ counties at which the several elei:tions of militia officer#

l> ict Uon shall beheld, and also to prescribe such rules and regulations

for conducting the same, as may be necessary to carry into
effect the provisions of this act, and the act to which ft iAtt
supplement.

Cert** t<w n *^ ec 3 And be it further enacted , That the county of Sfe
tie* Clair shall embrace all that tract of country belonging t#

Indue country. jj ie Cherokee nation of Indians, within the limits of this
State and that the county of Montgomery shall embrace
v 7 all that tract of country belonging to the Creek nation of
Indians, lying within the limits of this State and that the
Mweeg*. county of Marengo shall embrace, within its limits, all that

tract of country, within the limits of this Stale, belonging
fc> the Choctaw nation of Indians $ ami that the County df

[ ** 3

Franklin uhalt extend fo and embrace at) fbat Tract of coem* Pnofcftft.
try belonging to the Chickasaw nation of Indians* lying
v it bin the l imits o! this State* so far as it may be neeea*
aary to give effect to the laws punishing citizens, who hxve
offended against the criminal laws of this Stabler of the
United States, within the nations aforesaid

Sec 4 dud ht it further enacted. That ft judge* who
decided on a case, in a circuit court of any county of this ttR oti esr r «a
State, shall not decide upon the same case* in t he Supreme fc impitme * m
Court

(Signed) JAMES DFILLET,

Speaker of the house'of Representative*

THOMAS BIBB,

President of the Senate

Approved—Dec. 17,1819.

(Signed) WM. W. BIBB.

An act to regulate Totrola, and lor oVhex

\vur\vosea.

Skctihw 1 . BE it enacted by the Senate and j House of
Representatives of the State of Alabama. in General Assembly llr , ..,,
jorroened, l hat every male owner ol slaves, and all other do p4troj di|tfr
persons below the rank of ensign,- liable to perform milita¬
ry duty, sire hereby declared liable to perforin patrol duty#
as hereinafter directed but shall be at liberty to sendasuh~
atitute to perform said duty in their stead

Sec 2 It shall be the duty of every Captain of Infantry r^m

in this State, to cause to be made a complete list of all the frd tc ri<rts,{
male persons within the bounds of his company, liable to l, °* m

pertorm patrol duty including in the said list every per*
son liable as aforesaid whether belonging to the militia
company under his command. or to any other company *
and in the said list the said captain shall cause to he indu'd*
cd every person liable as aforesaid, who shall come to re?
aide within said bounds, within ten days after such person
shall reside therein : and it shall be their duty to regulate
patrols within their own companies, by making, at every
company muster of their respective companies, by rotation,
a list of patrol detachments, and appoint to every auch de*
tachmert a proper officer or leader which detachment nliafl
severally consist of not less than three nor more than five
men beside their leader, who shall jierforni the duties of pa*
trots, once in each week, for the term of two months, of
until the next company muster, except at the last muster in
each year : at which time it shall he flie duly of the captain
to appoint two patrol detachments, as also designate the

r as ]

fttne each detachment shall serve: Provided, no one shall
be compelled re serve out of his regular routine of duty
owU#* pMro i gee 3 It shall be the duty of each patrol detachment*

(kucanuau. t0 V18lt att negro quarters, all places suspected of entertain¬
ing unlawful assemblies of slaves or other disorderly per¬
sons unlawfully assembled* and upon finding such disorder*
ly person or persons, to take him, her, or them, if free be¬
fore the nearest justice of the peace of such county, or make
report thereof to said justice, so that he, she, or they, may
be dealt with according to law and if any slave or slave#
shall be found so assembled, or strolling without a pass*
or some token from his or her owner or overseer, the
said patrol may give any such slave arty number of lash¬
es not exceeding fifteen and if there he reason to suspect
Runaway «j aV€i an ) such 8l« v « or slaves to be runaway from his or her own¬
er, they shall take such slave or slaves before the nearest
justice of the peace for such county, to he dealt with accor¬
ding td law, and be allowed and paid by the owner for all
runaway slaves so taken up the sum of ten dollars, and
»ha 31 also be entitled to receive all other fines to which

parties may be liable, which they may bring before any ju^
risdirtion having cognizance thereof
JL*x<krrofp*tr«t bee 4 The officer or leader of every patrol detachment
it yv« notice shall give md»cc to every prison thereto belonging, of thw
cf j&fctrok time and place of meeting to patrol, and every person who*
after such notice, shall fail to attern! or send a substitute

Ptfmhtt

pwmhtd.

in his place, or shall, after attendance* neglect a faithful
performance of patrol du*y, shat! be returned by the patrol
icw°^ cer 01 ^ ea< ^ r captain in whose bounds he may re*.

c side and sin uid thread! defaulter so returned be subject
to do militia duty, the captain shall return said defaulter ta
the next court martiaj, who shall be fined at the discretion

of the court martial, in any sum not exceeding ten dollars*
one half thereof shall, when recovered, accrue to the said

officer or leader, anil the other half thereof to the other per-*
sons who shall have performed patrol duty in the detach-*
Xnent wherein the default shall have occurred; but should

the defaulter so returned to the captain not be subject to do
militia duty, the captain shall forthwith return said defaul¬
ter to some justice of the peace for said county, who sball
issue his warrant within ten days thereafter, requiringsuch
defaulter to appear before him and in case the said default
ter shall not appear before him, it shall then be the duty of
the said justice on proof of service of the process, and on
proof of the service of the notice required by the preceding
part of this section, of the time and place of meeting to pa¬
trol. to give judgment and issue execution against the said
defaulter, for the sum of five dollars with costs, to be dis¬

tributed as before named in this section Provided , That
if a sufficient excuse be given to the said justice or court

R/ovite.

shall, for neglecting to give the notice herein before requir- ****** ®* yC4U
ed, or neglecting to prosecute for the forfeiture, as herein
before directed, or for neglecting any other duty required
by this act, shall be returned to the captain, by any one of
the detachment, wherein the default shall have occurred;
and it shall be the duty of the captain, to report the stud de¬
faulter to the next court martial, who shall be fined in a

sum not exceeding ten dollars, the said forfeiture when re¬
covered, .shall be divided between those persons who shall
have performed patrol duty in the detachment wherein the
default shall have occurred.

Sec 6 If the regular muster of any military company
shall not be held at the appointed time, it shall be the duty
of the commanding offic er of the company to appoint such
detachment of patrol, as shall be next in routine, and inform
the officer or leader thereof, who shall forthwith act accor¬
dingly

Sec 7, It shall be the duty of the captains of companies c J<l# to
to appoint the officers or leaders of patrols, from the most point ih, mo*c
discreet persons within their hounds, which officer or leader §**t**i* p*'***#
shall be accountable for the orderly conduct of the detach- ***"

&ent Provuled . That if he shall forthwith report any dis- tr °
orderly conduct, or disobedience of any patrol-man of his
detachment, agreeable to the third section of this act, then
such disorderly or disobedient patrol-man shall, exclusive
of the faregoing fine, moreover, be liable to pay any dam¬
age or damages, w hich ma y happen to any individual in
consequence of his disorderly conduct, to be recovered be¬
fore any tribunal having cognizance thereof

Sec 8 If any commanding officer, constable, patrol- p»rr<&»syg'?ve
man, or of her person, shall be* sued, arrested, or implead- tb* *<t m cv*~
ed, fur any matter or thing, which he shall do or cause tc
be done, by virtue of, or in pursuance of this act, it shall
and may be lawful for every such captain or other officer or
person, to plead the general issue, and give this act and the
special matter in evidence on the trial and if a verdict
shall pass against the plaintiff or plaintiffs, or if they shall
be non-suited, in his or their action or suit, then and in
that case the court, where such action shall be pending shall
tax and allow the defendant, his or their double costs in
every such suit or action

Sec 9 Jnd be it further enacted . That if any of the pa* per *> f,# h # d* w *
trols as aforesaid, under this act, should receive any infer- SuaeST**
vnation, of any person or persons harbouring any negro or
negroes, or slaves belonging to any other person or persons
whatsoever, shall immediately, on receiving any such in-

f»]

nmiaffon, santfiwn togrrher their patrols, am! go fmmcdt
fcp*lv In search of unitf negroes, ami if found, tu take theta
forthwith to the nearest justice of ilie peace and if no
owner com u and claims said slave or slaves, it shall be the
dwiy of said just ce to commit such slave or slaves «o the
common jail of the county

BiX 10 And be it further enacted. That if any person or
Purifamt nt for persons being con v*< ted of harbouring or concealing a y
b&iboru>t*i*'r€t of f|< belonging to any other person or permitm

whatsoever* u* suflfV*rfug the same to be with his consent
»«*d kvtwwledg shall,upon conviction of such offence, be fin*
ed yt a sum not exceeding seven Hundred dollars, and shall
bo imprisoned not less than one calendar month, nor ex*
feeding six calendar mouths, and shall be liable in dama¬
ges t<i the party injured* to hr recovered by action on the
case, before any tribunal having competent jurisdiction.

^Signed; JAMES DELLfiT.

Speaker of the House of Representative
THOMAS "BIBB,

PresiderU oj the Senate .

.Approved—Dec if, 18 ifc

^Signed) WM. W. BIBB.

Ah art to w^otate elec Ivors, efttahiUsh cee-
tft'iu ^rw\nd 8 i\\ tl\e cauMka Wvereiiv
a..avtv\, -Au^tor ot\»er tputyosts.

&KCTiow t. Hr it enact'd bu the Senate and House of
r ,. Rcmrsndath'es of the. SWe of Alabama. in. General AssemUy

beth. places * f convened. That hereafter ihecmirt house shall h p tlm pH»re
hoftduig elect’s*of tedding g nerd elections, fit each and every county
throughout this State, for the !»urp >se of electing O.'ifr*
tutr. Members to Congress Members of the General As¬
sembly, Sheriffs, and Clerks 'Hie election at the court
houses, as aforesaid, shall be Irdden on the fust Monday
held. ^ f] fofowixg, in Augost, in each and every y* ar

Sec £ And be it further enacted . That the ♦diction
Ti'ne for rcrfi,li Jden at other places Mian th^ places of holding ye gene-
vi v >>i votr% at c |.^| elections in each and every county, shall continue open
leer.™ precise. to pcrejve votf > 8 , the first day of the general elections only

h... of ml ,„. ami fli, the son,ad day of said election, it shall be the duty
ecncticrcot. of the managers, <m tbe close of every election, to count out
the tickets Each manager shall take a memorandum or
tin lumber of votes, each candidate may obtain and for.
ward to the manaar“>'s a' the. court bouse, by the return*
imr officer, a certified statement of the colls of such clec.

“ ' • » » -«1-a---.11 Ui* liefe

il>

'i flit

f # ]

eta so counted* into the election oox, together with %
clerk’# list of voters, seal, find safely keep it, twenty days*

And id rase of contested elec ttofla, one of said managers ,p •*

shall forward the box, containing rhe tickets,to the princi- no8i#
pal manager h at the court house Prmiaed, That in ail new Wcti#0
counties, formed at thin session of the Geneiwl Assembly
the roles taken in conformity to this act, shall be returned Nr» county
to the plac es of holding the general elections in the conn- ho * a» *i*iu r *
ties,from which such new counties may have been formed loro *

Bee $ And be it enacted, That the electiops, aforesaid. t j erriwT1( , how
shall he conducted by the sheriff and managers appointed, to b« evnem**#
ill the same manner as heretofore by law directed And if

the sheriff shall foil to make a return of the election to i y

went of government, in manner and form, m by the Const
tiiluws directed, within the three first days of the session of

the General Assembly next immediately sure ceding such
•lection, he shall forfeit and pay the sum of one thousand
dollars, to be recovered by suit, prosecuted by the attorney
general : and Wften recovered, paid into the public treasu¬
ry, for the use of the State.

Sec 4 Anti be it enacted , That in addition to the duties Addiooo*)' Co¬
here to fore required to be performed by the said managers oe» on m*m**
ot the elections, they shall also be, and hereby are, requir-®***
ed to number the vote or ballot of each and every voter, To ^ ^ (Jj ^
with the same number, that such voter stands marked or.*** #r tak!s
enrolled on the lists of the clerks to staid elections; the votes
from every place of holding said elections, after having
been counted, fchall be filed separately, fur the space ot
twenty days; at the emi of which time, the said votes shall Vote« to t>c **.
be destroyed by the managers of the sevei al elections, m>. * tro 7*h
less notice shall be given to said managers, that son>e*part or
parte of said electhm, will be contested t hen, and in tlutt case. **

It shall be tike duty of the said managers, to seal, in «»ne bux iecuwi*.
or packet, the said separate hies, and forw ard the same to
the Secretary of State, on or before the first day of the next k*
succeeding session of the General Assembly, to be Used inXVy^r Jute,
ev idence by those, whose duty it shall be to decide contest
ed elections.

Sec. 5 Andie it enacted. That the managers of the sev¬
eral elcctimo. in addition to the oath heretofore prescribed fonoorowaW
by law, shall also swear, that “ they will not themselves, m * ,, *K cr *'

** or knowingly suffer any other person to compare the num«
u her of said ballots, with the number of the votes enrolled
f'iiy the clerks as aforesaid, but faithfully to discharge th©
requisitions of this act, strictly and impartially 99
Sec 6. And le it enacted. That there shall be, and here- ,
by is established, three separate election precincts in the fmct , ct ^£7i
county of Wilcox; one at Canton, owe at Prairie Bluff, and cox,
one at the dwelling bouse of Captain William Blac ks. In
lit© county of Moaneq, in addition those heretofore exist?

P<rry.

( 4* 1

Ctkwbi.

Jeffaraoa,
St. Clair.

Atltofi.

there shall bean election precinct at Nicholson’s stores

o»i Pigeon Creek In the comity <*t IV itv, there shall be

three ction precincts one at the <1 welling hou^c of Jo*'

•eph Bi ittams. i»ne at the house of Hit ham H alters, and

one at the house of Captain M*tan>Ly l»« Hit* county of Ca-

hawba, there sliall be two election precinct* one at the Full*

of Cahawba river, ami oie at tir- dwelhng rouse of Noah Hr

Cokers In the county of Jeffers »ii,tlt«n shall b* three e-

lection precincts . one at the store of \V iggiu \ M’Whor-

ter,one at the store of King \ Brown* and one at Greer’s

old store house, near Turkey Creek In the countv of St.

• •»

Clair* there shall be thr* e election precincts; one at the
dwelling house of Mr. Joel Chandler, one at the house of
William Outcry* and one at Hie house of Peter Ragsdale*
In {he-county of Autauga, there sliall be two election pre¬
cincts *>ne at the house of Mr Izard, on the new road lead¬
ing trow Flat Creek to Mulberry Creek, and one at the

house of Joseph Lewis.

See 7 . •find be it enacted. That in the county of Antau-
* N?»aga C tfl levy S a » there may be levied by the' county court, a tax not ex-
tax to bond a reeding one half the State tax, for the purpose of bulding a
court ho qk * c Court House, Jail* and Pillory, for said county.

^ Sec, H, And be it enacted , That separate elections shall

be opened and held, agreeable to law in and for the county
cowry. of Marion,at the house of-M’Phaddin, in Wilson’s set¬

tlement; at the house of Archibald Alexander, in Winn’s
settlement; at the house of John Woods, in Moore’s settle¬
ment 5 at some suitable house In the town of Columbus* and
at the'house of Henry Grier, near the Buttawhatche liver

in said county.

$*** nf i®* 1 *** Sec. 9. And be it further enacted , That, hereafter, the
•a county, temporary seat of Justice for the county aforesaid, shall be
at the house oF Henry Grier aforesaid, and the Justices of
Inferior tourt of the inferior court for said county, are hereby authorized to
«»d county to levy, and cause to 1 m*. collected, a county tax, sufficient for
ftnry ux, erec timi of a plain log court house, and temporary jail,

and arc hereby appointed commissioners to let, and super*
intend the same, under the usual principles

Sec 10 Be it enacted. That there snail be two electiol
precincts established in Lauderdale county; on© at thV
<fer<j«u. bouse of William S Barton, and one at the bouse of Thom at

Barnet —And in the county of Washington, one at St. Ste-
W«*l»ington. phens; one at Carrolton. and one at the present residence
M of Daniel Fore. And in the county of Montgomery, there

urjoaicfy. 8 | |a y thi*ee election precincts : one at the house of James
Sparks on Big Swamp creek ; one at PruePs Shire, on Tal¬
lapoosa river, and one at Evansville. In the county of
Baldwin, thbre shall be two election precinct* one at the
Store of Joseph Mims, and one at the house of Lewis Sew-
ftli. In Fraukliti county ; one election procinct at the Big

Crank iio.

r 4i ]

Spring. In the county of Bloqnt, there shall be three addt- ***«*
tiona! election precincts; one at Captain floberts’ Muster
ground, in Bristei’s Core; aue at tlm MusU'r ground of
Captain M’Daniels; arid one at Capk MTheraonV Master
ground on Mulberry fork; In the county of Lawrence. 3L#wrelMPt
two; one at Cmtriia<Ml ami one at Moulton ; In the coun- Sfeett>y
ty of Shelby, two; one at the house of Jesse Wilson, ami
owe at the house of David Neal: In the county of Madi- Midi**
son,six ; one at Brazeitort’# in the Big Cove* one at Tri-
ana; one at Major JohnGriffin’*; one at thr place former¬
ly occupied by Major Coteral; one at Hillsborough, aod
one at Capt Leonard’s: In the county of Mobile oris, atHdbik
the Alabama Hotel, in the town of Blakely: Ir. the coun¬
ty of Tuskahmsa, four; one at M’Covvn’s Bluff,* one at Jos- Te*o©«*
ac Braurielt’ft: n»c at Thomas Gere’s, and one at Jacob

Gillaspic's: In ihe county of Cotaco, six; one at Levi ^_

Taylor’s one at Joseph Smith's horse-mill: one qt Daniel ° tM *
Turner’s; onr at David Williams’r one.at Archelaus Craft’s,
fend one at M’Dani<1%* Ferry. Sn addition to the places* al¬
ready appointed for bolding elections i*» the county of Jack-j»ckMn
son, there shall be one at Noah Ward^s old place on Pattfl
Bock.

Sec. 11 .Qnd he it further enacted , That the county court County c**n at
of the county of St CDitv are hereby authorized to levy a ^cfartoierf
tax not exceeding one ball the State rax, for the purpose of™**
erecting a temporary jail in s?id county; and the said court
are hereby authorized, to contract for the building of the
same.

Sec. t2 Beit funner enacted* That there shall be, be* Eiecfiw in
sides the court house of Limestone connty, three additional
places of holding elections in that rnnnty: one at Moures-
villa; one at Strange’s mill north of Elk river, and one at
Kiser’s shop.

Sec 13 Be it further enacted. That the same number Time ror keep*
of days shall be allowed, for keeping the polls open to re- in £ f»° n# °P ef *
reive votes at the Alabama Hotel in the town of Blakely, ,a
as is allowed, at tlie place of holding the general election
for the county of Mobile. And it shall be. lawful* for the
returning officers of the several prec incts within the coun¬
ty of. Mobile* to make the returns to the court house, > v or
plaoe of holding the general election, of the state of the
polls* certified by the managers, as early us practicable,
within Three days after the close of the election at the said
precincts.

Sec. 14. Be it further enacted* That for the year 1820, T | m «^f m*kiw
it shall be lawful for the returning officer* of the several return* »t vom
precincts within tlie counties of Conecuh, Butler, Henry,* 1 ««■*»»»
Monroe, W ilcox, Dallas, Perry* Marengo. Greene, Jcffet-***** I** 1 ** 11
son, and Blount, to make their return*, to the respective
oourt houses (or places of holding the general clectioas,) the

[ «* 3

statement of the polls, certified by the managers, as early
as practicable, within three days after the close of the elec¬
tion at the said precincts.

(Signed) JAMES DELLET,

Speaker of the. House of Representatives.
THOMAS BIBB,

President of the Senate.

Approved—Dec. 16,1819.

(Signed) VML W. BIBB.

An act to provide foi the appointment of
counts officers, and for other pnrposes.

Jostfcnof p«£c«

mnd coutabb
bow ekteod

!a one of vs-
«ssDcy

Court* Me* to
give bond «s4

recurUy

Section 1 . RE it enacted by the Senate and House of
Representatix*es of the State of Alabama, in Central Assembly
convened , That there shall be elected by the qualified elect¬
ors within the limits of each Captain’s company in the se¬
veral counties in this State, two Justices of the Peace, and
one Constable, w ho shall hold their offices for and during
the term of three years, from the dates of their respective
commissions; which elections shall be holden by the com¬
manding officer of each company, and two freeholders or
householders, as he may appoint, on the first Monday of
March next And it shall be the duty of the persons su¬
perintending the election, as aforesaid, to make return of
the persons elected, to the clerk of the county court, who
shall certify the same to the Governor, for commissions.

Sec. 2. And be it farther enacted , That it shall be the
duty of each commanding officer, whenever any vacaucy
occurs in his company, by death, resignation, or removal,
of any justice or constable, immediately to notify his com¬
pany of the same, and call them together by advertisement,
giving ten days notice, for the purpose of holding an elec¬
tion to fill such vacancy; which election shall be holden by
the commanding officer aforesaid, and two freeholders 6r
householders, as he may appoint.

Sec. 3 . Re it enacted , That it shall he the duty of the
constables elected in the several counties in this State, bo-
fore they enter on the discharge of the duties of their office,
to enter into bond with sufficient security, fo be approved
of by the justice or chairman of the county courts respect-
ively, payable to the Governor for the time being, and his
successors in office, in the sum of one thousand dollars, for
the faithful performance of the duties of bis office. And
every constable failing to give bond, as herein directed,
shall forfeit and pay, for every act he ahall perform as con¬
stable, the sum of fifty dollars, to be recovered before any

£<* 1

court of competent jurisdiction, one half to the use of the
peraon who may sue for the same, and the other half to the
use of the county in which he may be m elected: And said
candidates shall annually renew their bonds, or, on failure
therein, the chief justice or chairman, asatoresaid, respect¬
ively, shall give notice thereof to the commanding officer of
fit© district, for which the delaulting constable has been
elected, who shall proceed to elect another person in his
place, in the same manner as herein before provided, in
case of vacancy.

Sec. 4. Be it enacted, That the justices of the county Cotwty wt to
Courts, or a majority of them, shall recommend to the Go- rccomn,#n< * co ~
vernor a fit person to act as coroner, and also a proper«cr» »nd •oca-
number of persons to act as auctioneers and notaries pub-**»puMk
lie: And it shall be the duty of the Governor to commissior*
the persons so recommended: And the officers so commis¬
sioned shall respectively hold their offices for the term of
three years, from the dates of their commissions.

3ec. 5. And be it further enaettd , That the said eofoncr,
auctioneers, and .notaries public, respectively, shall, beforefond**
they enter on the duties of their respective offices, give bond
with sufficient security, to be approved of by the chairman
of the county court of the several counties, in the sum of
two thousand dollars, payable to the Governor and his suc¬
cessors in office, for Urn faithful performance of their re¬
spective duties.

See. 6. Be. it enacted, That there shall be appointed in Covnijmmj*
each county in this State, by the county courts thereof, a
County Surveyor and Treasurer, who shall hold their offi¬
ces for the term of three year*.

Sec. 7. Be it enacted, That it shall he fclic duty of the
County Treasurer, before he enters on the duties of his giyc f ^J cr tQ
office, to enter into bond with good and sufficient security
to the county court of the county for which he may be so
appointed, in such sum as said court may direct, for the
faithful accounting for, and paying over the monies, which
may come into his hands as county treasurer.

Sec. 8. Be it enacted , That there shall be appointed, in a newer t *4
each county in this State, by the county court of the respec- Cl * colIectw
tire counties, an assessor and tax collector, on (be fourth
Monday in January, in each and every year, or sooner, if
the county court be in session before that time, who shall
hold their office for the term of one year, from tho date of
their commissions: And tlie several county courts sbalf,
within forty days after said appointment, makfc return of
the persons appointed, to the Governor, whose duty it shall
be to commission the same: Provided , That in case of Prcviia
death, or failing to give bond and security, as required in
this act, the county court shall have power to fill such va¬
cancy

Attfimr 4 b 4 tec. Jnd be it envcted, That it shall be the duty of fh#
coacciortogurtg^d assessor arid collector of taxes, respectively, be fora
w they enter on the duties of their offices* to enter into bond

with sufficient security, to be approved of by the chief jus¬
tice or chiHr^nan of the county courts of the counties* re¬
spectively* for which, they may be appointed, in Mich sum
as said chief justice may direct, payable to thf Governor
for the time being, and his successors in office, conditioned
for the faithful performance of the duties of their offices
respectively.

Sec, U). Jtnd be it enacted , That the persons appointed
to fill the several offices mentioned in this act* shall* before
they enter upon the duties of their respective office?, take
an oath to support the Constitution of the United States,
Ostab of ofisc« am* of this State, together with an oath of office, as follows,

to wit:—*• I*-, do solemnly swear, (or affirm, as tha

*• case maybe,) that 1 will execute the office of-— with

n impartiality to all persons, and agreeably to the best of
** iny skill and judgment; sn help me God,”
when Sec* 11. Jind be it enacted. That the elections provided
h* 14 for jjy this act, shall be held on the firsi Monday in April

next, except such as are herein before particularly speci¬
fied.

a r totaVc Sec. 15. And be it further enaeted 9 That it shall be the
5wccD*ut 0ta * duty the assessor of taxes in each and every county with*
in this State, for the year one thousand eight hundred and
twenty, to take an enumeration of the inhabitants therein
in the manner* and under the regulations and responsibili¬
ties, which are prescribed by an act authorizing the taking
the census of the Alabama Territory, passed the ninth of
February, eighteen hundred and eighteen.

Coenpeondon Sec. 13. Jind be it further enacted , That each and every
&%cteUi assessor shall be allow ed as a compensation for tafking the
census, as follows, to wit: When the census shall not ex¬
ceed one thousand, two dollars per hundred; when it shall
exceed one thousand and not exceeding two thousand, one
dollar seventy-five cents: when it shall exceed two thous¬
and and not exceeding three thousand, one dollar sixty
cents; when it shall exceed three thousand and not exceed¬
ing five thousand, one dollar t hilly-three cents* wbeffi it
exceeds five thousand, one dollar*

. Sec 14. Be it further enacted. That all the Sheriffs elec-
boiKi l ° under the Constitution of this State, shall, on or before

the first Monday in April next, give bond, with such num¬
ber of good ami sufficient securities as may be approved of
by the county courts respectively in such sum, in addition
to the sum already required by law, as they may deem ne¬
cessary and proper, made payable to the Governor for the
time being, and Ms successors in office; which bond shall
be taken by said court and deposited in the clerk’s office

j Provided alto, that it shall be the duty of the sheriff to re¬
new hm bond annually, if required by the court

Sec. 15 Beit further enacted. That any sheriff failing p

or neglecting to comply with the provisions #f the precrd-^J* * m ^ m
ing section .shall vacate his office, anil said office is hereby
declared vacated, and such vacancies, should any such oc¬
cur, shall be filled in such manner as is now prescribed by
the Constitution lot* supplying vacancies for sheriffs.

Sec. 16 rfnd he it further enacted. That it shall be the
duties of the sheriffs of the com.ties throughout the Stale, Fher? ^ *«*
respectively, whenever nay execution shall be placed m
their hands, to proceed to levy the same, and make sale of
the property thus levied on, in such times as by law is di¬
rected, and shall pay the amount obtained by such sale, to j» gy WCf ^
the paity or parties entitled to the same, on the application mvacj
of such party or parties, or within ten days thereafter, un¬
der the penalty of forfeiting six per centum per month, for
every month such sheriff shall fail to pay over such money
collected as aforesaid.

Sec. 17. Jlnd be it further enacted , That it shall be the wb en to retvn
duty of the sheriffs to return all executions, which have nut execution*'
been levied, or on which the money has not been made, to
the office of the clerk of the court from which such execu¬
tion may haye been issued, by the first day of the term next
succeeding the term from which such execution may have
been issued.

See. n 8. Jtid be it further enacted. That when any'sheriff Penalty tor aeg
shall fail to perform the duties by this act required, thelcct <rf duties -
person or persons aggrieved, may move against such de¬
linquent sheriff. and have judgment entered against such
sheriff and his securities in office, for the amount he has
failed to pay over, as aforesaid, or for failing 1o return the
execution in manner as above directed, in the court, from
which such execution had issued, upon giving three days
notice of such motion, to such delinquent sheriff or his se¬
curities in office: Provided however , that lime may be giv¬
en to such delinquent sheriffto make his defence, upon good
cause shewn to the court, before whom such motion may
be made.

Sec 19 Jnd be itfurthet enacted , That whenever a va- Vaomelv» of

eancy in the office of constable shall occur, or any case ofcwwtaHc» tww
emergency may require it, it chal} he the duty of any act~ fi,ifd
ing justice of the peace, within the limits of the company,
where such vacancy may have occurred, to depute some fit
person to fill the same, until one may be appointed accord¬
ing to the provision* of this net

(4« J

Wbtm to toko See. 20. And be it enacted, That this act shall ta?<e ef-
M& * 1 feet and be in force, from and after the first day of Janu¬

ary next

(Signed) JAMES DELLBT,

Speaker of the House of Representatives.
THOMAS B1RB,

President of the Senate .

Approved-—December 17, 1819.

(Signed) WM. W. BIBB.

An act -pccscribiag tbc AuUcs oi certain

yub\io officer r.

Section l. Re it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
Dnti« of tht convened, That it sh^ii bo the duty of the attorney general
ottprmy ga>«* to keep his office at the piece designated lor the seat of ih<>
* State Government* and to conduct and prosecute in l!»o Su¬

preme Court, all suits in which the State may be concern¬
ed, and to give h|S opiiikmrand advice, in writing, or other¬
wise, on any questions of law, when required i>y the Gov¬
ernor, or when requested by the Comptroller of public ac¬
counts, or the State Treasurer, concerning matters which
relate to their respective office*: and he shall also per¬
form the duties of Solicitor in the judicial circuit, embrac¬
ing the place designated for tho seat of the State Govern-
Emoiomcnte. merit, and shall receive in addition to the salary establish¬
ed by law, the fees for prosecutions in such circuit, and in
the Supreme Court, which are allowed to Solicitors for the
like services.

Sec. 2. And be it further enacted. That there shall be c-
Solicitors. Iheirlected a Solicitor for each judicial circuit, in this State (cx-
d«tks. cept the judicial circuit, assigned to the Attorney General,)
whose duty it shall be to prosecute in such circuit, all offen¬
ders against the State, and all civil actions, in which the
State may be edheerned (except before the Supreme Court,)
and who shall be entitled to receive,in addition to the salary
- i i, established by law, the following fees: on every conviction
o omen*. ^ felony (except murder,) ten dollars ; oh every con¬
viction for petit larceny, ten dollars ; on every conviction
for unlawful gaming, or for unlawfully permitting the same,
or for unlawfully keeping a billiard table, twenty dollars;
on every conviction for perjury, twenty dollars; on every
conviction for forgery, counterfeiting eoin or any bank¬
note, or for feloniously uttering, or offering any counterfeit

forwarding or ■« —v -

twenty dollars; on every conviction oi robbery

,. »*#. intent to commit murder, rap% ot roDDery,

f ftv dollars • on every conviction for an assault and batte-
?jflS,ivea«"i on ‘‘'cry other convict.on, on
ry, or anray , . ,, do jj ar8 . and for every ex-

indicuuen -r P^eniment, hve d ^ ^ of ^table,

hibition of a person who knowingly suffers un¬

fifty dollars 5 lor V^Zn^tY dollars. And it shall be
lawful gjumng in ^ Court to tax the fees aforesaid,

the Solicitor. . nn f ih * Attorney 0a f * Uurt * rth€

sec. sSwi VZZfit tSZTGTjx

SSSu”i!e. S a w ho l.'» l»Oto .tteni U» j»' l S« g”3J5

limp M 1,0 or tliev may think fit, to employ an attorney to
time, as nc or uie? ■ - d . , th attorney

prosecute lor the State, who biiau oe pai j

*, i <a,jtrifoi* i w whose stead he may act, »ucn coni

»"«•>— —

^Sec^^Avd be it further enacted, That the Secretary of DoUnof Seat.
State shall, in addition to the duties prescribed by the Con-«**•««.

Station of this State, perform all t hedut ‘**^ rfttof “ re h a P^ tv^^'S' 2 */'
CrftkS to receive, in additionto the «.MUM

by law. the compensation allowed for copying

suncrintcnding the printing thereof; and also the sum of
one dollar, for each and every certificate and the annexa¬
tion of the seal of the State thereto, which may be required
bv person or persons, to any instrument, relating to
contracts or other matters of private concern, to be paid by

^c? SS/nrtL%“d, That the Comptroller of 0 * CompaeBe*
pnblte accounts, shall perform the duties, and be sid.ject to
the responsibilities, heretofore appertaining to the office of

° f SS UfS£~*cUd, That the Stole Treas- T "“*

urer shall perform the duties, and be subject to the respon-
sibiUties, heretofore appertaining to the office of Temto
rial Treasurer jaMES DELLET ,

Svtaher of the Souse of Representatives.

^ THOMAS BIBB,

President of the Senuls.

Approved-Dec jl7,1819. W. BIBB.

[ 48 ]

An act to ■regulate the Tate of Interest.

Section 1. Be it enacted by tk*> Senate and House of Rep¬
resentatives of the State of Alabama , in General Assembly
convened , That from and after the first day of February
next, no person or persons, shall, upon any contract what*
eover, take,directly or indircctly,for the loan ofanv money
ware#, merchandize, bonds, notes of hand, or other corn
ht r eert worthies whatsoever, above the value of eight dollars, for
icg»f imeim forbearance of one hundred dollars, for one year , and
after that rate for a greater or less sum, or, for h longer
or shorter tim«; and all bonds, contracts, covenants, con¬
veyances, or assurances, hereafter to be made, for payment
or delivery of any maney, goods, wares, or merchandize,
so to be lent, on which a higher rate of interest is received
or taken, than )a hereby allowed, shall be utterly void, and
of no effect

Sec %. And be it further enacted, That every person,
tt'Who, upon any contract, hIi all take, accept or receive, by
Idng mort than wav ur means of Any corrupt bargain, loan, < xchange, or
t*$M per cent 0 f a „j money, goods, wares, merchandize, commod¬

ities, or bonds, or notes, or other thing whatsoever, above
the rate of eight dollars, for the forbearance or giving day
of payment of one hundred dollars for one year, and so al¬
tar that: rate for a greater or less sum, or lor a longer or
shorter time, and so after that rate or proportion, for goods,
ware# merchandize, commodities, bonds or note#, when
such shall be lent, contracted or agreed for, taken, accept¬
ed, or received, shall forfeit and lose, for every such-of¬
fence, the whole value or amount, together with all interest
thereon: one half of which forfeiture, shall he paid into
the public treasury, for the use of the State, and the other
half to him or them, that will inform and sue for the same ;
to be recovered with costs by action of debt, in any court
SWwe of record in this State : Provided , That if the borrower
should be the informer, as aforesaid, then, and in that cage,
the whole nmount, thus recovered, shall be paid into tho

Kr Ct *°bt vnthia f rtiSU5 T f° l> f ' - use the State ; Provided also. That ev-
iktceyeun m ery such action of debt, as aforesaid, shall be * commenced
and sited, in the lender’s life time, or within three years af¬
ter the commission of the offence, or in one year after the
time of payment of any money, goods, wares, or merchan¬
dize, contracted to be paid, on any usurious agreement or
contract.

Sec. S- And be it further tnacieiU That it shall he the dtt*
>dg«*to cktfge ty of the Judges of the Circuit Courts, to charge the grand
pri«» jury of the respective counties within their circuits, to pre-
dent all, and every person who may violated the provisions

[ 49 ]

of Ibis act, tha^ imy come within their knowledge: and on
every such presentment, it shall he the duty of the Solicitor
for the State to have issue joined, or made upon such pre¬
sentments, and prosecute the same under the rules and reg¬
ulations prescribed for the prosecution sf qux tarn actions ;
and upon conviction, the whole amount, thus ascertained to
have hern lent, or taken, contrary to the provisions of this
act, shall be paid into the treasury, for the use of the State.

Sec 4 And be it further enacted , That when any note or ix*«nn»*
notes, bond or bonds, shall or may be upon, or on account * >on4i vo * 4
of, any usurious contract, the same shall be void, ami of no
effect, anu t lie obligor or obligors, forever exonerated from
the payment of the same; and the obligor or obligors, 0htijfOr may K?
shall be deemed by this act competent witnesses, to prove witnct*
the usurious consideration, of any such bond or bonds, note
or notes : Provided , that this act shall not be construed, so
as to prohibit the sale of any bond or bonds, which may* ro * i# *
have been fairly, and bona fide given, and not given for the
purpose of evading the provisions of this act

Sec. 5. Jlnd be it further enacted, That in all cases what- Bofr ^
soever, when any suit or action shall be brought in any ^ wtuel* ****
court of record in this State, touching or concerning any
usurious bond, specialty, promise, or agreement, the bor¬
rower or party to such usurious bond, specialty, contract,
promise, or agreement, from whom such higher rate of in¬
terest is, or shall be taken, shall be a good and sufficient
witness to give evidence of such offence: Provided , That Proviso
if any person, against whom such evidence is offered to he
given, will deny upon oath, to he administered in open
couH, the truth of vvliat such witness offers to swear against
him, then such evidence shall not be admitted t and if any
witness or party, shall forswear himself, in any such mat- for ****
ter, and be thereof lawfully com icted. be or she shall suffer i#ry
all the pains and penalties, by law inflicted on persons con¬
victed of wilful and corrupt perjury.

Sec. 6. And be it further enacted. That from and after of rh»

the passage of this act, any person or persons, who shall act
be lawfully convicted of violating this act, shall he, and **
hereby forever disqualified from being a director of any <c
bank or banks, in this State ; and any person or perseiw,
who hereafter may be director or directors of any bank or
banks within this Slate, who may be convicted, as a fora*
said, shall forfeit his or their seat or seats, as director or
directors : and any person or persons, who may, after the
passage of this act, be elected or chosen, a director or di¬
rectors of any bank or banks within this State, before en¬
tering upon the duties of his office, shall take the following 0#fh ^ tn|fc

oath, to wit: “ I-, do solemnly swear (or affirm 4 ueaut t

« that I hate not, either directly or indirectly, violated the
* l act entitled, an act repdating the rate of interest, nor will

G

I 50 3

** I be guilty of violating said act, either directly or indl
** rectJ Vi whilst f continue ip the ofiiut- of director. So help
“ me God.**

(Signod) JAMES I) EL LET,

Sp&aktr of the House of Representatives.
TliOMAS BIBB,

President of the Ssuate.

Approved—Dec 17, 1819.

(Signed) VHsL W. BIBB.

An art to eatabU&h^esta\i\ counties there¬
in nauieA, and for other ■jjnjfjjosea there¬
in mentioned.

Section I. Be U enacted by the Senate and House of
Representatives of the State of Alabama , in General Assembly
Bcundiri«# *>*convened« That the boundaries of Baldwin county, be, and
*** nw are hej-eby, altered and extended, as follow, to wit:

Beginning at the centre of the western boundary line of
township four in range three, east ,of the basis meridian
line of the land district east of Pearl river*, thence east to
the Alabama river; thence with said river to its junction
w ith Little river, to the point of its intersection by the
range line between ranges live and six ; them e north with
said line to the northwest corner of township three in
range six; tkeneb east along the township line between
townships three and four in range seven; thence south a-
long the range line between the ranges seven and eight, to
the thirty-first degree of north latitude; thence west to the
former boundary line of Baldwin county.

&o*c&*rie* cf & ec 2 * ' K H further enacted, That all that tract of
WiW«K covatj country bounded us follows, to wit: Beginning at the Choc¬
taw corner; thence east to the middle of the range line be¬
tween ranges four and five in township twelve; thence
north along said line, to the northwest corner of township
thirteen in range five; thence cast, to the northeast corner'
of township thirteen, rangefive; thence north along the
range line between ranges five and six to the northwest
comer of township fourteen in range six; thence along the
township line between townships fourteen ami fifteen to its
Intersection with the Chelatchee creek; thence down said
creek to the Alabama river; thence down said river to the
mouth of Pine-barren creek; thence along said creek to
its point of intersection with the toWnebip line between
townships twelve and thirteen; thence east along said line
to the northeast comer of township twelve, in range
twelve; thence south along; the range line between the ran-

I *' J

Bcn#ctclari»
m

gei twelve and thirteen to the southeast corner of township
twelve, in range twelve; thence west along the township
lim between townships eleven and twelve to the northwest
corner of township eleven, in rstage twelve; thence sc
range line between range* eleven and twelve

a fmint in the centre of said line, between the northern and
southern boundary fines of township ten; thence dit* west
^ong the centre of township ten to the Choctaw boundary
lim; theme with said line to the Choctaw comer* the
ptoce of beginning, shall constitute one county* to lie known
and called by the name of Wilcox.

See. X Jhw be it fitrtmr enacted , That; the boundaries
of Marengo county, eh all, hereafter, he as follow: Begin-
mug at the Choctaw corner; thence running cast to the
range line, dividing ranges four and five; thence north
with the said range line to the northwest corner of town¬
ship thirteen in range live; thence east with the line, divi¬
ding the thirteenth and fourteenth townships, to the range
line dividing fn e and six ; thence north with said range live
to the northern boundary of township eighteen*, throco
west with the line dividing the. eighteenth and nineteenth
townships, to Tusk&luusa river; thence down Tuskaloosa
to its junction with thuToinherSe river; thence down Tom-
bee be river to the north boundary line of Clarke county;
thence with said line to the beginning.

. Sec. 4. Jhid he itf urther enacted , That the dividing line . im .
between the counties o( Dallas and Montgomery, be tberJsli**
range line between the ranges twelve and thirteen* anti! itg«»«?r
strikes the Alabama river; thence down the em»e to the

mouth of Mulberry creek.

Sec. 5. Jlml be, it farther enacted, That hereafter, all that
tract of country, hounded as follows, to wit: Beginning at &<«ic4ari" **
the northeast corner of town ship six in r&nga eleven, in the ut U c<utly
district aforesaid; thence north, on the range line between
eleven anti twelve* to the northeast corner of township ele¬
ven, in range eleven; thence east along the township line
between eleven and twelve to the northeast corner of town¬
ship eleven, in range seventeen; thence south or* the range
line between seventeen and eighteen, to the southeast cor¬
ner of township seven, in range seventeen; thence west a*
long the township line between six anil seven, to the place
of beginning, shall form one county, to be called ami known
by the name of Butler.

Sec. 6. Jnd be it further enacted, That all that tract of
country lying cart of the range line between thirteen and Rear? a wm?
fourteen, south and east of the county of Butler, south of
Montgomery county* west of the Indian boundary line and
the ChattaiicH chee, and north of the tbirty-ftrst degree of
north latitude, shall constitute one county, to be called and
known by the name of Henry*

f 3

Sec. f. Jhtd he it farther enacted. That all Chat tract e
t’wry cotikii country, bounded m follows, to wit: Beginning at John
Allen’s, thence »n ft direct line to the centre oi township
twenty-one, between ranges eight and nine; thence north
up said ra«}ge line six miles; theme west, in a direct line,
to the range line between six ami seven in township twen¬
ty-two thence north, up the tange line, nine milt s, thence*
west along the township line between twenty-three and
twenty-tour* three miles; theme north, to the township
line between twenty-four and twenty -fivethence west to
tli# range line between five ami six thence south, to tno
township line between twenty-four am! twenty-three;
thence west, thrive miles, t hence south, twelve miles; theme
east, to the range line between five ami six thencesouth*
siting the range line to the township line dividing sixteen
and seventeen; thence east, to the range line dividing six
and seven , thence north, to the township line dividing sev¬
enteen and eighteen: thence east, to when' it strikes Oak-
emigre creek ; thence up said creek to tiie tow nship lino
dividing eighteen and nineteen; thence east, to the Mill-
berrry creek: thence north, to the beginning, shall con¬
stitute one county, to be called and known by the name
of Perry.

* f Sec 8 * ^ it farther enacted , That all that tract of

fltttM n«imy country* bounded as follows, to wit: Beginning at the north¬
east corner of Marengo county; theme north with tho
range line which divides ranges fiv« and fix, to the north¬
ern boundary of township twenty-one; thence west along
the township line dividing townships twenty-one and twen-
ty-two, three miles; thence north, to the northern bounda¬
ry of township twenty-two; thence west, w ith the township
line dividing townships twenty-two and twenty-three, to
Tuskalrosa river; thence up the same to the mouth of
Grant’s creek; thence due west to the Tombecbc river *
thence down the same to the mouth of Tuskaloosa river;
thence up the same to the north boundary of township
exgbeeen in range three; thence, east along the lino which
divides the tow nships eighteen and nineteen, to the place of
beginning, shall constitute one county, to be called by the
name of Greene.

»o»nd«r?r of Sec. ^ € enacted, That all that tract of

country* bounded as follows, to wit: Beginning at a point
on Tuskaloosa river, at the mouth of the first.large creek
below tho junction of the Mulberry and Locust forks of
said river: thence on a direct line to the Big Pond spring
at the iipjier end of Roup’s valley; thence southeast, to tho
ridge dividing the waters of Shade’s creek from the water#
of Cahawba; thence up said ridge to its northe n extremi*
ty; thence by a direct line to the Cedar mountain; thenca
up the farmer line dividing Blount from Si Clair county*

I 58 J

to ft point opposite toHartgrove’ii, leaving said Hartgrovrt
iif Blount county? thence, by a direct line, to William
Jhutn's, on the Mulberry fork of Tuskaloosa; thence by a
direct line to the Cypscy fork ? thence down said #tr« am,
tavts junction with the Mulberry thence down thair unit*
ed «tream, to it# junction with the Locust fork; thence
down the same* to its junction with the Tusktdoosa? thenca
down toe same to the plat e of beginning, shall constitute ana
County, to be called and known by the name of Jefferson.

tiac. 10 J&nd be it furtJur enacted . That Micajah Wade, C*mm»«rfo**w
John Carter, senior, George Harrison, Hillw-y Herbert, * f *« “*“*»
T aJIefei •ro Livingston, be, and they are hereby appointed
commissioner* for the county of Butler: that William C.

Watson, John Fannin, Joe! T. MUlindoo, Johnston „{

Wrig'.t, and S Smith, - Capt) he, and tliey are herftby ap¬
pointed commissioners of the county of Henry; that Nathan , p
Bead, Laban R»ce, Fdward M’C raw, Joseph Brittain, and° err y c<m ' lt ?
J.Jtn Tubbs, be, and they ate hereby appointed comtnis-
•toners for the county of Ferry; that William Black, ho-^f w»ko*
mas Evans, John Speight, Thornton Brown, William
ACC acre I, Joseph Lawry, and John Gaston, be, and they
are hereby appointed commissioners for the county of Wil¬
cox; that Reuben Read, William In in, John Adams, John«f ^Ana
Cm bran, and William Prude, he, and they are hereby ap¬
pointed coinmissMmers for the county of Jefferson; w ho, or
a majority of whom, shall have power in their respective
counties, to fix on a suitable place for the seat ot justice in
•aid counties, reflectively.

Sec. 11. Jind be it further enacted , That the said com- rrm **««»ner«
misaifmers shall have power, in their respective counties, l!l# Mt ^
to contract for and receive, in behalf of their respective ju.uce,
couutics, a good and sufficient title, to not exceeding a
fourth section of Itnid, so fixed on respectively for the seats
of justice, for the purpose of erecting thereon public build*
ings for the use ot said counties, respectively.

8ec 12 Jind be it further enacted* That the said comm is- tvm»iMicmert
Stoners, or a majority of th°m, in their respective counties, blU( j f0C coutc
•hail have pl>wcr to contract for, erect, and superintend. b«uw, jaiJ, *c.
the huiltlii g a court house and jail of such description and
dimensions as they shall agree upon, with the approbation
of the county court of the counties, respectively: Provided , pro, *°-
That notice shall be given by said commissioners, at three
or m »re public places in their respective counties, of the
time ami place of letting said building ,, or either of them,

•hall contract for the erection thereof, with tin lowest bid¬
der, who shall ehtcr into bond with sufficient security for

the performance of his contract

Sec 13 Jlnd be it further enacted , That the several coun¬
ty courts in the said counties of Butler, Henry, Wiicox*
Greene* Ferry* and Jefferson, be* and they arc hereby au~

cert*in cowntiec
to tat, ttt.

f#r 0a r i»».

««•*, of jimc'e
m tentage

( 54 1

thoriscd ami requit ed to lay such tax, nor exceeding one
half uf the amount of the State tax, on the persona and pro¬
perty of the inhabitants of their respective counties, lihbte
to taxation in other cases, as shall be sufficient to defray all
expenses to be incurred under this act.

Cummi«*i»nm See. 14. And hr it further enacted. That John Galbraith,
to, Biciot. William Rino, Stephen Box, Moses Burleson, and Heury
MePliarson, be, and the same are hereby appointed com¬
missioners for the county ot Blount, who, or a majority of
*-ln,n», nhall have the same powers as ars vested in the com-
ntissionpr* of Jefferson county.

C,hawb> the Set 15. And be rtfurltier enacted. That the town of-Ca-
•eat «f juitice hawba be, arut Is hereby fixed on, for the seat of justice for

Dallas county. ^ -

Sec. 1G. Bt it further enacted, That the 1k>u«€ of Mm.
Irbv, on the south side of Chickasaw Bop, or any house
within four miles therefrom that the Judges of the Inferior
court, or & majority of then' may make choice ot, shall be,
«nd Is liereby iv»ad« the temnorarv seat of justice for -Ma¬
rengo county.

Sec. 1 7. And Ot il enacted -., Tuat all that tract of country
E**«#i»«htnent lately obtained of the Cherokee nation of Indians, lying on
oi Jatkto* ^o. nor |b gide of tho Tennessee river south of the Tennes¬
see State line, and e^ist of the present Madison county lino
and of Flint river after it has left Madisou county, be, con¬
stituted one county, by the name of Jackson,

. . Sec 18. And b it further enacted , That Santa Cave shall
«kVi B * JCC oe, and is hereby established the temporary scat of justice
' ’ for the county of J ackson: Provided , that the county court
shall have power, by adjournment, to select arty other plac®
they may deem more expedient

Sec. 19, And be it further enacted. That all that tract of
on toMa- country lying between the present Madison county line and
M*oa county, pjtnt river, he added to, and make a part of, Madison

oo tx o^L'v

Sec 20 And be it further enacted , That William A. Ro-
Jc^r^berrson, Joseph B. Karl, John Loftin, Samuel B. Shields,!

William v - Ezell, Robertas Love, and Edmuml Butler, be,
and tney-are hereby appointed commissioners tor the comi¬
ty of Clarke, who, or a major ity of them, shall have power
to select and fix on the most suitable site lor the seat of jus¬
tice, in and for the county of Clarke: having due regard
to health, water and accommodations: Provided , such scat
shall not exceed three miles from its centre. , ,

Sec. 21. And be if farther evaded, That the commission-
corn. may pur <* 1*8 aforesaid, or ft majority of them- have power to con-
<jnse ipiaccfor | 1>r an( j receive, in behalf of said count)', a goou au«
*** of >““**• sutitf iftiit title to four aues of land sit the place ho fixed on
for the .seat of justice, for the purpose of erecting thereon a
Court house, Jail, and Pillory, for said county: Provided,

[ 25 I

however, the said commissioners, or a majority of them, or w «»tcr«
any one of them by tiic approbation of a majority, may en-J^ t ^ l0a fi *
ter one quarter section of public land, if there be arty such r ur P°*>
within three miles ot the centre of the county, containing
a suitable place for the purpose aforesaid, for the. sole os©
and benefit of said county, under the direction and control
of the county court, who arc hereby required'to pay forth©
lame out of the county treasury; and the said quarter sac-
fcion, w hen entered by the said commissioner*, or a majori¬
ty of them, or any one of them by the approbation of the
others, shall he conveyed and tifcnsferred by them or him,
to the Justices of the county court and their successors in
office, under a penalty of ten thousand dollars, to b© reco¬
vered by an action of debt iu any court having competent
jurisdiction.

Sec. And be it funner enacted, That the said county Ckwtuy «ob*
court, or a majority of them, are authorized, after the com-may *11 lot*,
missioners shall have selected the seat and laid oif a quan¬
tity sufficient for the county buildings, to divide the remain¬
der into lots of a half acre each, to be sold hy said court to
defray the expenses of said buildings.

Sec. 9.s. And be it further enacted , That the said com- tcm *

midai oners, or a majority of them, shall have power to eon- fc 0 u«*. *

tract for, direct, ard superintend, the building a Court
house and Jail, of such description and dimensions as they
shall agree upon : Provided , That the said commissioners,
or a majority of them, shall advertise for thirty days in the
Halcyon, and at three of the most public places in said
county, the time and place of fi tting said buildings, or ei¬
ther of them, ami shall contract for the erection thereof
with the lowest bidder, who shall enter into bond with suf¬
ficient security, payable to the Justices of said county court
and their successors in office for the faithful performance
of bis contract

See. 2-4. And be it fur liter enacted* That the aforesaid Time of miV-
commissioners shall he allowed, to the first Monday in
March next, to make a selection of a site for the seat of ° jU * l0C
justice: Provided, That if a majority of them shall neglect
or refuse to act, on or before that time, it shall be the duty
yf the county court, and they are hereby required to make
such Selection themselves, and to do and perform every
other act, that the cornm^siuiicrH are by this act aid hom¬
ed to perform.

See. 525. And he il further enacted f That tire county court Coumy anrtH
of said county are hereby authorized and required, fo lay Uy a tat,
such tax on the prisons and property of the inhabitants of
said county, liable to taxation in other cases, as shall b©
sufficient to defray all the expenses to be incurred unde*
this act

{ 56 ]

re* Sec. 96. Jnd be ti further enacted , That the said county
••cestQ Ciarfat 0 f (jiarkc shall be divided into six election districts, to
wit: One at the house of Duncan Campbell, one at the town
of Coffeeville, one at the house of William CuaU on Satil-
fa, one at M’Goffin's store, one at the town of Jacksmt,
and one at Sugg^ville

of <Ut~ Sec. 9J7. Jnd be it further enmeitd* That the returns of
tuwi when made election of the several districts, shall be made on the next
day after the dose of the election, to the house of W illiam
Costs, where the votes shall be compared.

Vw^^wuuJ^ Sec. 28. Jnd be it further maided, That until the public
C au's. buildings shall have been completed, the Circuit and fnfe*
riot* courts shall be held at the house of William Coats.
Claibom* the Sec. 29. Jnd be it further enacted l. That the permanent

foTfamroe?*** sea * i us ^ ce * n Hnt * ^ or the county of Monroe, be, and the
r unrotf. Aame hereby fixed, at the town of Claiborne, in said

county.

E\m»o«* to Sec. 30. Jnd be it further enacted , That all elections by
uti,rc4Hwi*«re the people in the county of Butter, shall be held at Fort
Dale, or the most convenient house thereto, and at the
bouse of Jesse Womack: and all clectious in the county of
Henry, at the houses of William C. Watson, Captain S.
Smith, and John Fannin: and in the county of Conecuh,
in addition to the places heretofore designated, at the houso
of William Brewer; and all elections in the county of Jack*
son, at Sauta Cave, Honey-comb Spring, and Riley’s on
Mud creek.

Sec. 31. Jnd be it further enacted, That all sheriffs and
fLw Of the circuit and inferior courts, who have bedn

oew rovtttt?* to elected for the counties, from which the counties establish*
^ntuuKiRu&ce C( j by this act have been taken, who may reside in the coun¬
ties established by this act, shall continue to hold and ex¬
ercise the duties of their respective offices within the same,
during the period for which they have been elected.

Sec. 32. Jnd be it further enacted , That an election shall
•oJwttoT^wben ^ ou the first Monday and Tuesday in February next,
tot*, in the several counties, from which the counties established

by this act shall have been taken,/ in which vacancies hfivo
been occasioned thereby, to fill such vacancies: and also
in the several counties established by this act, in which
there may be no officer or officers, for the election of a aim-
riff and clerks of the circuit and inferior courts, or cither
of them.

jmdcf *4 ct'ty gee. S3. Jnd be it further enacted , That in the counties
in which elections shall be held by virtue of this act, in
which there may be no sheriff, it shall be the duty of the
Justices of the county court, to conduct the elections in
conformity with the election laws of this state.

AfcHtfamtffC*. Sec. 34. Jnd be it further enacted. That all that tract of
&•*** mvmj country* commercing where the line dividing the eighteenth

»urt to rooduc'

[ )

from the nineteenth township, thence along said line to
where the fourteenth range line crosses Mulberry Creek,
thence along said range Line to the twentieth township,
the fire east along said township line to the fifteenth range,
thence north along mid range line to the Shelby county
line, thenre westward witU said line to the main source of

Mulberry Creek, shall be added to, and make part of Ca-

hawba county

Sec. 35. In ml be it farther enacted , That the following ?**«*« of hoid-
saparate [daces of ho Wing elections, be, and the same are £&^ tlon, *
hereby established, to wit: for the county of Greene, at the
place of holding courts in said county, at the houses of John
Sharpe, Abner Colton, and Jacob Gillespie, and at the
store of Frederick Peek. Far the county of Marengo, atj* Marengo,
the place of holding courts irf said county, at the house of
Walter Chiles, and at the town id Demopolis.

Sec. 3d He it further enacted , That the commissioners Commimontn
appointed to select the sites for the permanent seats of jus - 1 °
tice in each county, he, and they are hereby required to t £g #
fix temporary seals for holding the courts, until the per¬
manent seeds he so fixed on.

Set:. $7. Jhml he it further enacted , That the temporary Temporary
9 #at of justice ior Greene county, shall be in thei town of^ 01

Erie, or so me other place contiguous thereto, until other¬
wise provided for by law.

Sec. 38. JSnd be it further enacted , That Bartley Walker, Coromi«fcwer*
James Salten, John Speir Radford, L. Cotton, and Robert lor Conec*h,
Smilic, be, and they are hereby appointed commissioners,
who are authorized, or a majority of them, to fix on a site for
the public buildings in the county of Conecuh, and the said
commissioners, or a majority of them, are hereby author-
ized to purchase any quantity of land, not exceeding one Tbe,r F°wf f# ,
quarter section, for the purpose of erecting said buildings
on; which land, when so purchased, shall be for the use
and benefit of said county, to be disposed of as the said com¬
missioners may deem most expedient

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

"THOMAS BlRB,

President of the Senate-

Approved—sPec, l S, 1819.
1 Signed)

Vt M W. BIBB.

An act to amend tlxe sttml acts Total lug
to Assessors and Collectors of the Pub¬
lic Wevcvmc.

Sjectiox X. BE it enacted by the Senate am those of
gcpresentalivcs of the State of Mabtma, i* General Mstmbiy

Amt'aor put
tip i !h* of UK*
*&le Property,

Collector to pay

Miceict into ike

treasury.

#

Penalty f r ntg
era.

c 5S 1

amtenedf Tbat it shall be the dutjr of each and every As
sesaor, in addition to the duties now tunposcd on them by
law, to post up, at the court house door in hvs county, on or
before the first day of June, in each and every year, a com¬
plete list of all taxable property by him assessed* together
with the names «»f the persons chargeable with taxes, tlicre-
on, and the amount of the taxes dm from such pc* son ; and
be ahull, in all other respects, proceed in the assessing of
taxes, and the list to be made thereof, as are now prcscrib-
ed hv law

See. £. And oe it Juruu, enacted, That the collectors of
public taxes, in each and every county, shall pa v into the
public treasury, all monies width shall be due from them,
respectively, on or before the first Monday in October, in
each and every year ; and if the collector shall fail lo pay
into the State Treasury* any money which may be due from
him as collector, on or before the same may become paya¬
ble by Jaw, it shall be the duty of she Comptroller of pub¬
lic accounts, and he is hereby directed, immediately to no¬
tify such delinquent collector, his security or securities,
their executors or administrators, by advertisement, pub¬
lished in some newspaper, printed at the seat of govern¬
ment, that he will* by the Attorney General, on such day
as shall be named in such notice, mo\e the Supreme Court
of the State, for judgment against him or them, and his se¬
curity or securities, for the amount due to the State ; and
the Judges of the Supreme Court of the State, or any one
of them, are hereby authorized and required, to Imld a spe¬
cial court, if necessary, and to give judgment in a summa¬
ry way, without jury, against such collector, or his execu¬
tors and administrators, and his secui ity or securities, and
award execution accordingly.

(Signed) * JAMES DELLET,

Speaker of ike Home of Representative I.

THOMAS BIBB,

President of the Senate,

Approved—Dec. If, IS19.

(Signed) WM. W. BIBB.

An act ■pttvvuUttg for Ove deleTTniaaiion of
suits coutro\crates, V3 arbitration.

Bex i vn 1. Be it enacted by the Senate and House of Rep¬
resentative* of the State of Alabama , in General Assembly
convened , That it shall and may he Ir#wful for all persons,
desirous to end any controversy or suit by arbitration, to
any person or persons as arbitrators, ami (if suit is
»g) tie parties shall concisely state n writing, the

[ M ]

saltire of th* cwitrovrrsy, to any court having jurisdiction
thereof, or if in vacation, to any judge of such court; where¬
upon, the court or judge thereof, shall issue an order, cer¬
tified by the clerk of the court and directed to said arbitra¬
tors. stating the dispute to them referred. And in case a
fry arbitrator or arbitrators, so appointed, shall tad or re¬
fuse to act, the parties shall have power to appoint, one or
more arbitrators, ;as the case may be,; in writing, which
shall be signed by such parties, deposited in the hands of
the arbitrators, and by them returned to the proper officer,
wi(h the other papers ; said arbitrators, or rither of them, Arbitrator* may
arc/eir.powered to issue subpoenas for witnesses, under the ,,we Mib P o n '-*‘
same regulations as arc prescribed by law in cases of suits,
to which all sheriffs and constables are directed to give obe¬
dience, and ail persons summoned as witnesses, by virtue
of said subpanas, shall be allowed the aarae compensation,
while travelling to, and attending on, said arbitration, ami
be equally privileged from arrest, or on failure to attend,
at the times and places in said subpoenas expressed, shall
he subject to the same fines and penalties, as witnesses are
in similar cases in the circuit courts.

Sec. 2. And be it further enacted, That the arbitrators so
chosen, before they enter on the investigation of any mat¬
ters io them submitted, shall take an oath or affirmation,
impartially to determine the controversy to than submit¬
ted, agreeably to evidence and the equity of the case, to the
best of thei-v judgments, without favor or affection: which
oath shali be administered to them Uy any judge or justice
of the peace within this State; the said arbitrators shall
make up their award, in wr ini ier t

seals, noting therein the time at winch it was made; one
fair copy of which Signed as aforesaid, shah immediately
ppon its being made, be delivered to each ol the contending
parties; and the original shall be delivered to the court, in
which the commission was mad#, at the court next succeed¬
ing the date of said award: The award, so made, shall he
entered of record, and made the judgment or decree of said
court, and shall not be invalidated, set aside, or appealed
from ; unless it shall be made to appear to said court, that
such award was obtained by corruption, evident partiality,
or other undue means, in which case cither party may ap¬
peal therefrom, to any court having cognisance thereof,
under the rules and regulations, prescribed by law for the
granting appeals from said courts.

Sec. 6. And be it further enacted. That no award, made
by virtue of this act. shall be liable to be examined into,
superseded, or revised by writ of error, or sot aside by
the court to which it was’returned, for want of form only,
nor for other irregularity, it such award decides the case*
suit, matter or controversy, submitted to arbitration.

Arbitral©!# t»
take oath.

To make a wan 4

in writing.

Award tn be e»
tered cf record.

Award no* to
be act aside for
informality on¬
ly.

f 60 ]

When ljurnut SeC, 4 . And be it further maehd, That in cases of suit
fihy d^iUri. or rt *ntroversy, *wkere the amount shall not exceed fifty
dollars, the parties may obtain*ar» order irooi a justice of
the peace, directed to such arbitrators as may be appointed,
stating the dispute to them referred, who shall* take the
oath proceed in the same manner, and exercise, the same
powens, herein before provided; and judgment shall bo
entered upon *hc award of the said arbitrators, when ren¬
dered t<> the justice by whom the order was made, which
shall not be set aside, invalidated, or appealed from, ex
cept in the manner, and for the causes prescribed in this
act

CompeRMtion Sec. 5. And be itfurther enacted, That the arbitrator's,
«u arbitrator#, for their services, shall receive two dollars per day, if de¬
manded, to be paid jointly by the contending parties, be¬
fore the delivery of the copies of the award ; and the jus¬
tices and clerks shall be allowed, for all the services per¬
formed by them under this act, the a$tne fees as are allow¬
ed by law, for the like services in cases of a similar nature
Sec. 6 , And be it further enacted. The the fees to the.
*^*ckrluhowj usticcs an< * c * cr ks> prior to the return and cutty of the a-
*«Ui. * ° ward, shall be jointly paid down by ilie contending parties,

as those services are rendered : but after the award is en¬
tered of record, all subsequent costs shall be charged to,
and collectible from,that party, against whom the judgment
or decree shall be, under such award, except the award
shall otherwise direct

(Signed) JAMES DELLET,

Speaker of the House of Representatives.
THOMAS BIBB,

President of the Senate.

Approved—D ecemher 13, 1819.

(Signed) WM. W. BIBB.

An act to provide for leasing for a limit¬
ed time the La mis reserved Vs the C on¬
gress of the United. States, for the sup¬
port of Schools, within each township
in this State •, for a Seminary of Learn¬
ing, and for other \rar\>oses.

Section 1 , Be it enacted by the Senate and Umise of Rep*
resentatives of the State of Alabama, in General Assembly
convened , That it shall be the duty of the Chief Justice of
the County Court, in each county in this State, as soon as
may he after the passage of this act, to appoint two proper

[ 6J J

persons, in each township or fractional township, within

their rrajieetivc rounties, whose duty it shall be, giving ten

days previous notice of the time and place thereof, to hold

an election within the same ; at which time and place, there Tnree to

akall be elected, by the qualified elector's therein, three a-

gents, who shall continue to discharge the duties hereinaf- ** c mmu%

ter prescribed, for the ter in of three years from the date of

their election, and until their successors shall be elected

should vacancies occur by death, resignation or removal,

of any of the agents, the same shall be tilled by elections as

aforesaid ; the like notice of the time and place being give a

by the remaining agent or agents, or where there shall bo

no agent, by the chief justice as aforesaid; and the agents

so elected, shall, at the expiration of each and every term,

hold, or cause to be hoiden, an election, as aforesaid, for

three successors.

See. 2. And be it further enacted , That the said agentap 0WCT of ,_ cntt
Shall have power to let out on lease, for the purpose of
improving the same, or to let out at annual rent, as they
may think proper, the sections of land reserved by Con¬
gress for the support of Schools, within each township in
this State r Provided , That public notice shall be given by
said agents, in five or more public places in the county in
which such township may lie, of such intended leasing or
renting : .Hud provided also , That no lease shall be for a
a longer term than four years after the time of leasing;

Provided, that all leases shall expire on the first day of
January, and, that not more than one half of the land so
leased shall be cleared.

Sec. 3. And be it further enacted, That the said agents To lay off lot*
shall have power to lay off the same into convenient lots, * ot f **«ed*ag
of not exceeding eighty acres each, except in cases of lrac- 8oacfCS *
tional sections. And in every lease which shall he made,
the lessee shall be bound hi a suitable penalty, not to commit r
waste on the- premises, by destroying umber or removing commit w**i«.
sthne, or any other injury to the lands whatsoever, and
shall also be bound in a sufficient penalty, that he will make
such improvements on the land, as shall be deemed proper
by said agents. All obligations, given by the lessee for the
payment ol rent, shall bo in the name of the agents, for tlie
use of the inhabitants of the township, and shall be recov¬
ered by them, for the use of the same by action at law, if
necessary.

Sec. 4. And be it further enacted, That the said agents A S <lU> m *y *•*
shall have power within their respective townships, by le-’ i%ove lBtrw *eri
gal process to remove any person or persons from the re-
served sections, when such person or persons have not ta¬
ken a lease for the same, or shall neglect or refuse, to de¬
liver quiet and {icacetible possession of the premises, when
his, her or their lease shall have expired 5 they shall also

t ** J

inspect *ni\ inquire Into any waste or trespass committed
on any of the reserved sections aforesaid, by cutting or
carrying off timber or stone, or any other damage whatso¬
ever, whethar by persons residing thereon, or otners ; and
the agents or & majority of them, are hereby authorised
and required, when waste or trespass shall have been com¬
mitted, to proceed .against the person or persons aggress¬
ing, according to the laws in such cases made and provided ;
And actions in the case aforesaid, shidl be sustained by the
whole, or a majority of the agents of the townships re¬
spectively ; and the damages recovered shall be applied to
the same purposes, as the proceeds of the rents from ih%
lands, on which the damages were sustained
trF^kk ***£ b e l ? farther enacted , That the agents shall

contract with a teacher or teachers, ami for a school loose
or houses, when and wheresoever they may think proper
within the township ; and the agents afoiesaid, are hereby
made the trustees of such schools, and arc vested with all
necessary power for the general superintendence, duo or¬
ganization, and well being of every such school tw* schools,
applying with impartiality, the proceeds of each section, to
the purposes of education alone, w ithin the pari iruiar town-
snip of six miles square, or fractional township within
which such section is situated, in such manner, that all (he

inhabitants therein may partake of the benefits thereof, ac¬
cording to the true intent of the reservation,.

to give Sec, 6. Jlndbe it further enacted , That it shall he the du-
bewail #nd wee* ty of the county courts or chief justices, respectively, as
2S^£.o° n as may he, after the election of said agents, to* rake
tie*. their several obligations with good ami sufficient securities.

for adequate sums of money, conditioned for their faithful

performance of all the duties severally assigned, nod made
payable to the chief justice of said court, who, upon neglect
or failure of any of said agents, shall put his or their obli¬
gation in suit; and if such action or actions be bottomed on
neglect, so as to recover damages only, the one. half olhsuoh,
<lam ages shall goto the chief justice* and the other half to
the inhabitants of the. township which shall have sustained
the injury; but if such action or actions be predicated on
pecuniary considerations, which have gone to the injury of
the inhabitants of such township, by any such ng$nt or a-
gents, then and in that case, the other members of tho
county court shall issue an order to the treasurer of the
township, in favor of the chief justice for a sufficient a-
mount to remunerate him for ids expenditures, in the per¬
formance of the duties required of him, which amount the
treasurer is hereby required to pay: and upon recoveries
ii^d by the chief justice, against any such agent or agents,
fori monies originally due the people of such township, it
*baH be the duty of the chief justice to pay over the amount

[«» ]

to Use agent for the time being. And it shall be the duty
of the county courts, also to know, by oath or otherwise, that
the securities tendered in any case, are good and sufficient

Sec 7. And be it further enacted, That the agents at any **«**» t© aj>.
time to he elected under this act, shall appoint one of their *******
own body to act as treasurer, whose duty it shall be, to m,
receive and pay over, annually, to his successors, all mon¬
ies which may remain in his hands, after satisfying and
defraying the expenses incident to establishing said school
or schools and to pa} iug a teacher or teachers, am! a state¬
ment of the same, together with a schedule of the number
and size of the lots into which they may have divided the six¬
teenth section, the times and amounts for which tfiey were
severally leased or rented, and the persons with their se¬
curities, to whom they were rented or leased, to deposit in
the office of the clerk of the coufity court.

See. 8, And be it further enacted, That said agent, or a- to take
gei\ts, shall, before they proceed to the discharge of the da- *******
ties of their office, take and subscribe the following oath;-—
a h — — ? do solemnly swear (or affirm, as the case

may bo) that l will, to the best of my abilities, with hon-
t( esty ami fidelity, perform ail the duties, which by law
*< are assigned to me, or may be assigned to me, as agent
u for the management of the sixteenth section, so long as I
“ continue in the exercise thereof,so help me God ” Which
oath together with their bonds, shall bo deposited in the of- Settlers m%y rt*
15 co of the clink of the comity court; Provided, that it shall ma " B OD * c bo©l
be optional with the agents, to let the settlers, or improvers, J*J***^ ?*?**
remain on the sixteenth section, a time sufficient to renin-&<*
ncrate them for their trouble, not exceeding three years
from the first settlement thereof.

Sec. P. And he it further enacted, That in any case, where Age*t* 4«ty
the sixteenth section may be divided by any county line, it
shall be the duly of the agents, from each county, elected by county
or appointed as aforesaid, to act jointly for the government *****
of any sixteenth section div ided by county lines in the man¬
ner aforesaid.

Sec. 10, And be it further enacted, That the Governor be
and he is hereby authorized, to appoint three commission* eri of colkgt
ers in each county, within which any portion of the twol“*d«
townships of land granted by congress for a seminary of
learning, may have been, or shall be reserved, whose duty
it shall be, to let or lease the same: which leasing n»ay be
done either publicly or privately, as the said commissioners
may deem most advantageous to the State: Provided , The
said lands he first offered for public leasing, in convenient
tracts, until the first day of January eighteen hundred and
twenty one.

t Sec. 11. And be if further enacted , That all bonds or notes, j<nbA| ^

given for each and every such lease, Shall be made payable p»y»kk t» o*v.

[ 64 |

to the Governor for the use of this Stale, ami may in hi*
name be sued and recovered : and all sums of money aris¬
ing from such leases, shah be set apart for the purposes of
the seminary of learning aforesaid.

O«oer»i Scc 12. And be it further matted , That fivccommis-

s * 0,K * rt8 shall be elected, by joint vote of both houses of the
to «ci*ct « »Uc Legislature, tor the purpose of examining and reporting to
for Umnrut* the next session of the General Assembly, the moat eligible
site for* a state university, having due regard to the advan¬
tages of health, to the nature and situation of the surround*
ing country. and to the general convenience of the State;
and if s**d commissioners or any one of them, should be of
opinion, that two or more places have equal or neat ly equal
claims to theirchoice, they shall report the same with a
correct description of each.

(Signed) JAMES DEL LET,

Speaker of the House of Represent afire*.

THOMAS RIBIL

President of the Senate.

Approved —Dec. 17, 1 SI 9.

(Signed) WM. W. BIBS.

An act to swyvptess TiueVUrig.

Section L BE it enacted by the Senate and House of
Representatives of the State of Alabama , in General Assembly
When #«t to tonvened. That from and after the first day of April next,
take effect. no persons residing within this state or being within the
limits thereof, shall fight a duel: nor shall any person send
or give a challenge, either in writing, verbally, or other¬
wise, to fight a duel.

Sec. 2. And he it further enacted, That if any Judge of
circuit court, or Justice of the county court, or Justice
apprSwid*]p«r- of the peace, within this state, have just or probable grounds
•ant to hjf suspicion, that any person or persons are about to be en-

gaged in a duel, they or either of them, shall by this act
tf * have power and be compelled, to issue a warrant to any
constable, sheriff, or in- the absence of these officers, to any
person who is not a qualified peace officer, to take the body
or bodies of all whom he may susjiect to be concerned, ei¬
ther as principals, seconds, counsellors, aiders or abettors,
and have them brought before him; and if after such exam*
ination as the Judge or Justice may think proper, it should
appear, there are just grounds for believing that a duel is
intended, it shall be the duty of such Judge or Justice, to
bind the parties suspected in a recognizance, in such sum
may deem requisite, with sufficient securities, to ap¬
pear at the next county or circuit court, as well as bind them

[ 65 1

io keep the peace until the rising of the court to which they
are bound to appear.

Sec. Jind be it further enacted , That if any person or^cnoanngagtd
persons be engaged, either m principals or seconds,
fighting a duel: or in other words, fighting in single com- and impriw&ed
bat with any deadly weapons, the principals and seconds,
raid every person or persons directly or indirectly concern*
ed (herein, either in sending, giving, accepting or convey*
ing any such challenge, knowing or believing it to bo
such, their counsellors, aiders or abettors, upon being
thereof lawfully convicted, shall bo imprisoned three
mouths, and shall, severally, forfeit and pay a fine, to
be assessed by any court having jurisdiction, not exceeding
two thousand dollars, the one half thereof to he appropria¬
ted to the use of the state, and the oilier half to the use of
the informer, and shall stand coin wilted until such fine is
paid, and until he or they shall severally give ample secu¬
rity, to be approved by the court aforesaid, for his or their
good behaviour, for any term of years not exceeding two;
and be or they shall be forever disqualified from being a from hoLling *i
member of either branch of the legislature, and from bold- office,
ing any office* or appointment of profit, honour or trust, ci¬
ther executive, civil, military, or otherwise, in or under
the authority of this state: Provided however* That in case Pro * iao
any death shall happen, in consequence of any duel or sin¬
gle combat with deadly weapons, this act shall not be so
construed as to save the offenders, their aiders and abet¬
tors, from the pains and penalties of the Jaws provided for
the punishment of wilful murder: and on conviction there¬
of, shall suffer death.

Sec 4. Jind be it further enacted., That all members of m
the General Assembly, hereafter to be elected, and all
cersand public functionaries, hereafter elected or appoint- aa oath, &c.

?d, under the authority of the constitution and laws'of this
state, shall, before they enter upon the discharge of the du¬
ties of their stations or offices, either civil, military, or oth¬
erwise, take and subscribe the following oath (in addition
to the oath prescribed by the constitution, before any Judge
of the circuit or county courts, or any justice of the peace,
who shall deliver such oath to the clerk of the circuit court

for safe keeping ;■—“ I,--, do solemnly swear, that

I have neither directly or indirectly given, accepted, or
knowingly carried a challenge, in writing or otherwise, to
any person or persons, to fight a single combat or otlier-
wise with any deadly weapon, either in or out of this state,
since I have been a citizen thereof, or aided or abetted the
same, since the first day of January, eighteen hundred and
twenty: and that I will neither directly or indirectly give,
accept, or knowingly carry a challenge in any manner
whatsoever, to any person or persons, to fight in single

[ 66 ]

combat or otherwise with any deadly weapon, in or out of
this state, or in any manner whatsoever aid or abet the
same, during the time for which 1 am elected, or during
my continuance in office, or during my continuance in the
discharge of any public function.’* And upon his or their
refusing to take the oath aforesaid, his or their seat, if a
member of the general assembly, or his or their office, or
public function, or appointment, shall be vacated, and shall
be filled in the name manner as >f ho or they had resigned.

Attcrniej, Sc c, g cc $ ^ nc j *> e ^ farther enacted- That each and every

persun who now is a attorney or counsel U?Y at

law, and each and every person who shall herc-UVo desire
to practice as an attorney or counsellor at law, in any court
in this state, in addition to the oath by law prescribed to
bo, taken by them, shall take and subscribe t he oath prescri¬
bed in the fourth secs ion of this art, t and upon Ins or their
failing or refusing to take said oath, they shall not be per¬
mitted to practice as an attorney or counsellor at law, in

any court in this state.

Jodgmocbargc Sec. 6 * ** nti ^ lt f ur ^ tr enacted, That it, shall be the
grind juries * duty of all Judges of the circuit courts in this state, to give
this act specially in charge to the grand jury, at rhe com¬
mencement of each of their respective sessions.
Onad>«TTcm- Sec. 7. And he it further enacted . That the foreman of
fwpcrwMj^c! the grand jury, or any member thereof, in their retirement,
* shall have power, under the authority of the court then fit¬
ting, to send for any person or persons, who, on oath, shall
give the grand jury such information as they may possess*
relating to, or touching the violation of this law: and it
shall be the duty of the grand jury to make presentments
to the court of all such as may be vi.olal.ers; w ho shall ho
tried and dealt with as the existing Jaws may direct
jurttVs, etc. li- Sec. 8. And be it further enacted. That if any justice, or
*bie to indict-other officer bound to preserve the public peace, shall have
mtnc > etc * knowledge of an intention to fight with any deadly wrap ms,
given or received, and not use or exert his official authori¬
ty, to arrest the parties and prevent the duel, such justice
or other officer shall, for such neglect of duty, be indicted,
and on conviction, be dismissed from office.

Wo a aU Sec. 9. And be it farther enacted , That if any person or
lowed ™ pub- persons shall, in any newspaper, or handbills written or
li»h another a*a printed, publish or proclaim any other person or persons,
coward a coward, or use any opprobrious and abusive language,

for not accepting a challenge or fighting a duel, such per¬
son or persons so offending, shall, on conviction, be senten¬
ced to pay a fine, not exceeding live hundred dollars, as the
court may order and direct

Sec. 10. And be it further enacted , The publisher or
printer of any newspaper, handbill or other publication,
shall, in all publications under the last mentioned section,
be summoned as a witness, and be accepted by the court

Printers'

It f.

iilbif

I 67 J

as a witness, against the writer or writers of such publica¬
tion or handbill; and if the said printer or printers, when
summoned before the court, shall refuse to give up the wri¬
ter’s name or names, the court shall consider him or them
as guilty of flagrant content, and shall proceed to punish
him or them in an exemplary manner.

Sec. 11. And be it further enacted , That all laws in con- Rfprtlin^
travention of this act, be, and the same are hereby repealed. clt * uc *
(Signed) JAMES DELEFT.

Speaker uJthe Hint sc of Representatives.

THOMAS BIBB,

President o f the Senate .

Approved—December IT, 1819.

(Signed) WM. W. BIBB.

An vu'A \o Te\vp\\V certain Tuvvw's ttverem na-

mwA.

Sbution l. Be it evaded hy the Senate and House qf
Representatives of the Stale of Alabama, in General Assembly
convened , That the fourth and fifth sections of the art en¬
titled »* an act for the better regulation of judicial proceed¬
ings,*' passed the seventh of February, eighteen hundred
and eighteen : and also the first section of the act entitled
“ an act to amend an act entitled, an act against usury , 199
passed thirteenth of February, eighteen hundred and eigh¬
teen, be, and the same are hereby repealed.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate .

Approved—Nov. 22, 1319.

(Signed) WM. W. BIBB.

An act excluding from suffrage, serving
as jurors, anfflrolffing offices, snclvper¬
sons as may "be corwicteff of bribery,
forgery, -perjury, and other Yvigh crimes
anft misdemeanors.

Section I. Be it enacted by the Senate and irons e of Rep¬
resentatives of the State of Alabama 9 in General Assembly
convened , That from and after tiie passage of this act, any
person who may be convicted of bribery, forgery, perjury.

[ 68 3

op any other hign crime or misdemeanor, shall be disquali¬
fied from holding or exercising any office under the uuthor-
ity of tliis Stale, from serving tit any case as a juror, and
from voting at any election.

(Signed) JAM ES 1) E LL E J

Speaker of the House of Rep rest- niaiives.

THOMAS BIBB,

Fi t b id nd of the Senate.

Approved—27th November, 1 819.

(Signed) \VM. W. BIBB.

An net to otter a\\<V tvmendtUe laws regu¬
lating tl\e admission anA \»racviv.e nf
counsellors aaA attornics at Yn\\ .

Councilors and Section 1 . Be it enacted by the Senate and Home of Itevre-
Attomies to get sentatives of the State of Alabama, in General Assembly con -
cttece* vened, That hereafter, no person shall be permitted by any
court, to practice therein as counsellor or attorney at law,
unless he shall have obtained a 1 icence from the Supreme court
of this state; and itshall be the duty of the said court, when ap¬
plication's hall he made by any person for a licenceas aforesaid
on his producing satisfactory evidence that hesustains a good
moral character, to examineor cause to be examined in open
court the person so applying and if,after such examination,it
be> the opinion of said court, that he is duly qualified, it
shall be the duty of the Judges thereof, to grant a licence
under their hands and seals, which shall be attested by the
Proviw. clerk of said court: Provided, That nothing in this act con¬
tained shall be so construed, as to affect any person who
may have obtained a licence from the Governor of the Mis¬
sissippi Territory, previous to the division of the same, and
was an inhabitant of this State at the time of the adoption
of the Constitution, or from the Governor of the Alabama
Territory, or of this State; but such person shall be permit¬
ted to practice as counsellor or attorney at law in any court
of law or equity within this state, by virtue of such licence.
Sec. 2. And be it further enacted , That every counsel-
Onh ol Conn-1 qi> 01 * attorney, before he be permitted to practice, shall

•etior or Attor- following oath or affirmation, to wit: « I-do

Bej ' solemnly swear, that I will honestly demean myself in the

practice of a counsellor or attorney at latv, and will execute
my said olfice, according to the best of my skill and abili¬
ty ” which oath or affirmation shall be administered in pre¬
sence of the court

Wbo m%j prtc* See. 3 . And be it further enacted , That no J udge or J us-
tfae. tice of any court, or Sheriff, or under Sheriff, shall appear

f M ]

or plead as attorney in any court in this state: and no clerk
or deputy clerk of any court*shall practice as counsellor or
attorney in the court of which he is clerk or deputy clerk,
under the penalty of being fined by such court, in the sum
of fifty dollors, for every such offence., to be applied to the
use of the county in which the offence shall have been com¬
mitted.

Sec. 4. And be it further enacted , That all acts and parts Repetlingclaiue
of acts, coming within th** meaning and purview of this act,
be and the same are hereby repealed.

(Signed) JAMES DELLKT,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—Dec. 1G, 1319.

(Signed) WM. W. BIBB.

An act to pTO'viic for the appointing of
l*Y\ots to pilot "boats tlvrowgYx ttve JAns-
cle S\\oals o? Tennessee TvveT.

Section. 1. Be it enacted by the Senate and House of Re¬
presentatives of the State of Alabama in General Assembly
convened , That the county court of the county of Lawrence, PUou! * P
are hereby directed and empowered to licence such number of
pi lots for i he pilot i ng of boats througbthe above named Shoals,
us the court may deem necessary, not exceeding six in num¬
ber : Provided . That no person shall receive said appoint¬
ment until he produces to said court, evidence of his quali¬
fications and correct knowledge of theboat'Channel through
said shoals.

Sec. 2. And be it further enacted , That each and every Pilot* to gWe
person appointed by virtue of this act, shall give bond with kond *
security, to be approved by the chief justice of the county
court of Lawrence comity, in the sum of six thousand dol¬
lars, for the true and faithful performance of bis duty atid
correctly conducting every boat (as pilot) committed to bis
charge, which bond shall be made payable to the chief Jus¬
tice of the county court, for the benefit of any person or
persons, who may sustain an injury by said pilots neglect,
inattention or misconduct, to be applied to the benefit of the
person or persons, for what damage they have sustained :

Provided , That no licence shall be granted fox* a longer
term than one year at any time

Sec. 3 And be it further enacted, That each and every pi- Fee* of Pilot,
let appointed and licenced by virtue of this act,shall receive
for each and every boat 60 piloted, the sum of ten dollars

t TO 3

ft*om (lie owner or master of said boat, and no pilot shall be
compelled to go on board of any boat, above (be town of Mar¬
athon, or conduct the same belbw the town of Bain bridge.
Piet not liable Sec. 4. And be it further enacted , That no pilot shall b«
hi *ers*tn «**, subjected to any damages, on account of an injury done to a
boat, in consequence of the dangers of the river by high
winds or mismanagement of the bow-hands, or for obey-
inv the direction of the master or owner of any boat.
(Signed) JAMES DEL LET,

Speaker of the House of Representatives .
THOMAS BIBB,

President of the Senate .

Approved—December 15, 1319.

(Signed) JVM. VY. BIBB.

Aw act live causes aw A manwer

of removing clerks.

Section 1 . Be it enacted by the Senate and House n j
moving clerk 11“ Representatives of the State of Alabama, in General Assembly
* convened . That if any clerk of any court in this State shall
willingly make any false entry, interlineation or erasure of
a letter, or change any record in his keeping belonging to
his office, or shall neglect to record any will, deed, or other
matter proper to be recorded in. his office, within a reason-
aide time alter the same shall have been lodged in his of¬
fice to he recorded, or shall neglect to make out and keep
& fair and correct index to the matters recorded in each
am! every book, or shall neglect to keep in regular file, all
the papers belonging to his office, keeping every subject
matter in its proper and peculiar file, and the papers of
each suit together, or shall refuse or neglect to make out
in a reasonable time, after application of any person de¬
manding the same, a transcript of any record in his office,
or shall make out the same so erroneously or incorrectly
that the court to which it is taken cannot proceed thereon,
or shall refuse or neglect to perform any of the duties re¬
quired by law to be performed by such clerk, such clerk
shall, upon trial and conviction, be deemed guilty of a mis¬
behaviour in office, and shall be subject to a fine not exceed¬
ing two hundred dollars, or be removed therefrom by the
Court, and shall also be liable to an action on the case for
damages, in behalf of the party aggrieved.
ju%ss to ap» Sec. 2 . JJtnd be it further enacted , That it shall be the
poim 3 perfons 0 f the judge or judges of the several circuit and coun-
tnrdT i>m r€ tjr courts in this State, once in every year, to appoint three
fit persons who will undertake the same, to inspect the
clerk’s office of such court, and to compare the records with

[ ]

tlie papers Hied in the several suits in such court, and re¬
port the state of the office of such clerk to the court hist an*
ter, or to the next court thereafter, which report ah&ll be
entered of record in the court.

See, 3. And be it farther marled, That all charges a- £b* r £** W
gainst Clerks for misbehaviour in office, shall he exhibited * a<1

to the court in w riting, and the court shall direct the facta
to be tried by jury, and on conviction thereof, such
Clerk shall be lined or removed from office, ns the court
of which he is Clerk, shall think proper : Provided, That
every Clerk against whom charges may he exhibited, shall
be entitled to a copy thereof, and shall be permitted to maka
Ills defence on trial.

(Signed) JAMES DEL LET*

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate .

Approved—Dec. 17, 1819.

(Signed) WM. W. BIBB.

Jin act to \vroveni frauds and fraudulent
combinations in the sate o£\v\\bYvc lands
within this State.

Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of ike State of Alabama, in General Assembly
convened , That from and after the first day of January one No person miy
thousand eight hundred and twenty, it shall not be lawful tak€ b ^? cy l or
for any person or persons, cither directly or indirectly, or d,Dg for
by any deceitful way or means whatsoever, to take or re¬
ceive any money or other thing of value, from any person
or persons, for not bidding for any of the public lands
within this State.

Sec. 2. And be it further enacted , That if any person or No pmoo to
persons shall bid off any of Jhe public lands within this bi<i for

Stats under an agreement previously entered into, to trans- anoth * r ‘
for the same or any part thereof, for a premium or an ad¬
vance to be paid therefor, and shall transfer the same or
any part thereof, in pursuance of such agreement, and
shall take or receive any premium or reward, or other
thing of value, for so doing, he, she, or they, shall be deem¬
ed guilty within the true intent and meaning of this act: P .. uViWN
Provided nevertheless, this act shall not be construed, so as
to extend to any agreement or contract, which may bo
made w ithout intent to violate or evade the provisions of
tliis act, whereby any person or persons shall be employed
and furnished with funds to purchase lands for others.

[ 7S ]

con- Sec. 5. .Ind oe it enacted. That all contracts entered in-
wt * w» ( 0 f or the payment of money, or for securing the payment;

thereof, or from which a benefit might accrue to the obligee
or his assignee, for not bidding for any of the public lands
within this State, or for giving a premium or reward, for
bidding off any of the. public lands within this State, under
a previous agreement to transfer the same, are hereby de¬
clared to be null and void to a.0 intents and purposes what¬
soever

No person may
lake a yttmjum
ter not bidding.

Sec. 4. And be it further enacted. That if any person or
persons shall take or receive, any money or other thing of
value, directly or indirectly, or by any deceitful way or
means whatsoever, for the purpose of evading this act, for
not bidding for any of the public lands within this .State,
or for bidding off any of the public lands within this State,
under an agreement previously entered into to transfer the

same or any part thereof as aforesaid, hr, she., or they, so
offending, shall forfeit and pay for every such offence,
double the value of the money or other things so taken or
received as aforesaid, to be recovered by action of debt,
or on the case, one half to the use of him or them, that will

Vi ©liters of
tbit act may be
indicted*

sue for the same, ami the other half to be paid into the public
treasury, for (lie use of the State.

Sec. 5. And be it further enacted , That if any person or
persons shall violate the provisions of this act, he, she, or
they, shall be liable to be indicted, and upon conviction
thereof shall be fined, in a sum not exceeding two thousand,
nor less than three hundred dollars, and be imprisoned for

a term, not less than three nor more than twelve months.

at the discretion of the court before whom, he, she, or they,
shall be tried. Provided nevertheless , That no person shall
be convicted on the evidence alone of cither party concern¬
ed in any contract or agreement, mentioned in this act
Remedial *t&t- Sec. 6. And be it further enacted , That this shall be deem-

ltc * ed a remedial statute, and shall receive a liberal construc¬

tion; and that the Superior court shall have exclusive Ju¬
risdiction of all offences against this act.

Sec. 7. And be it further enacted , That it shall be the duty
may^procuKcwitthe Grand Jurors in the several counties in this State,
r«*os when they believe an offence has been committed against'

the provisions of this act, to apply to the court, which they
are summoned to attend, to issue a subpoena or subpoenas
returnable instanter, for witnesses to appear before them
and give evidence, in the same manner as witnesses now
do, on bills of indictment, in such cases as it may be their

duty to enquire.

knprovemcM* Sec. 8. b* & farther enacted, Tbatnothingcontained

msjht $<>!<? in this act shall be so construed, as to prevent any person*
who has made improvements on the United States lands,

L 7 S J

from having the right to sell his right to the same, and re¬
cover for Hui fi consideration.

Sec. 9. Jhul be it further enacted. That it shall he the duty Judge* tod jut.
of the judges of the several courts at Uiis state, and justices ticth *»***>»
of the peace,upon information hy afudavit»to issue their war¬
rantor warrants, to bring before them,or any other judge or
justice having cognizance of the same, any person or per¬
sons, who has violated any of the provisions of this act;
and they are hereby directed and required, to bind any
such offender or offenders to appear at the next circuit 90 Urt
to beholden for rhe county, in.such sum as may be deemed
proj>er, to answer the prosecution of the State, under such
other regulations as arc usual in criminal cases,

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved -December 17, 1819.

(Signed) M r M. W. BIBB.

Aw act to ammiAthc regulat

ing \v\ibUc TeTYtes, &c.

Section 1. Be it enacted by the Senate and H&use of Rep¬
resentatives of the State of Mabtimib, in General Jtssembly
convened , That from and after the passage of this act, no
person shall open or establish any public Ferry in this State,
without first applying to the court of-the county, within
which such ferry may be; arid the court, for good cause
shewn by the parly-applying, may grant a licence to estab¬
lish a ferry, consistent with the provisions of this act, and
of the Jaws regulating public ferries.

Sec. % Jhid be it further ciiacted , That it shall be the du¬
ty of the court, granting a licence to any person to keep a
ferry, to cause the person to whom such licence is granted,
to give bond with good security, in the penalty of not more
than two thousand, nor less than five hundred dollars, to
the said court and their successors, with condition that he,
or they, shall and will constantly find, provide, and keep,
good and sufficient boats or other proper crafts, ami a suf¬
ficient number of hands to attend the same, and that he or
they will keep in good order the banks on either side of the
water-course,across which the ferry may be established. And
if any person shall receive damage by .any ferry-man, on ac
count of his not having complied with the conditions of hi*
bond, the person receiving such damages, may bring an ac¬
tion of debt against such ferry-man, on such bond, in the

Owners of fie*,
rks to get Sjh

CCliC**

To give hood
and security

r 7 41

name of the court of the proper county, and recover for
>K>»-pei*fornianc© of said eunduion, so much damage, as he,
she, or they, shall appear to have sustained ; and thcieup-
on, take out execution for whatever shall be so recovered,
and apply the same to ids, her, or their use. And it shall
and may be lawful for any person, detained at any public
ferry by reason of the ierry-inan*s not having sufficient
boats or other proper crafts ami l ands, or by neglecting to
do his duty, by a warrant from a justice of the peace, to
recover of such ferry-man, the sum‘of five dollars lor evc-

Ttaviso vy default or neglect: Provided , That any such recovery

shall not be deemed to bar any action lor personal dama¬
ges, sustained by any person, by reason oi the insufficien¬

cy of the said ferries and boats thereat.

Sec, 3. Jhul he it further enacted. That if any person
"if shall open or establish a ferry, without first obtaining a li-
ccncJs S cernv from the county court, agreeable to the provisions of

this act. he, or they, shall be liable to pay a line, not ex¬
ceeding one thousand dollars; to be recovered by any per¬
son suing for the same, in any court of record having com¬
petent jurisdiction thereof, by action on the case, or other-

\» ise.

Rates of fir- Sec. 4. Jhid be it fat flier enacted , That it shall be the du-
riagc to be put 0 £ a jj p Crsons ; n this State, now keeping public terries,
Ui> or to whom a licence may hereafter be granted to keep a

public ferry, to keep constantly put up. at some public place.
Cabin to be c- at or near the public landing, the rates of ferriage. And
reemi It shall be the duty of all those w ho now have, or may

hereafter have, public ferries across the Tennessee river,
to keep a good and commodious cabin for the accommoda¬
tion of travellers, on both sides of said l iver, at or near the
public landing ; Provided , That no keeper of a public fer¬
ry, shall be compelled to build cabins on other than his own
land, or on land that he may hold by lease or rent. And
should any person or persons, now keeping a public ferry,
fail to keep constantly pot up iit some public place at or
near the public lending, the rates of ferriage, the party so
neglecting shall forfeit and pay five dollars, tor every
month he shall fail to do ho : to be recovered by a warrant
be fore any justice of the peace, by the party informing ami
suing for the same. And should any person, who now has,
or may hereafter have, a public ferry across the Tennessee
river, fail to keep a good ami commodious cabin at or near
the public landing, he rr they so failing, shall forfeit and
pay ten dollars for every month be shall fail to do so;
to be recovered on u warrant before any justice of the
peace, by the party informing and suing for the same.

Clerk* to far- * Scr J j n( t \t further enacted , That the clerks of the

aitt g o?ferries 7 county court shall furnish the grand jury returned for the
Superior court, at each and every session, a list of all the

[ 75 ]

public ferries in their respective counties: and they are
hereby authorized to present to the court all those who
have not kept their ferries in a good and lawful man¬
lier: And it shall be the duty of the judges of the said Proceeding* *•
court, upon such presentment being made by the grand ow * cw
jury, to cause the person or persons so presented, to
be summoned to appear before the said court, there to be
tried by a petit jury, without any indictment being filed ;
and if found to be guilty of neglect or non-compliance* in
said presentment, the court shall, and arc heieby vested
with power and authority* to fine every such person or per¬
sons, in any sum not exceeding two hundred dollars.

Sec. 6. And be it further enacted , That this act shall w . . .
take effect, from and alter the first day of May next. e fF iC c

Sec. 4. And be it further enacted. That all laws and parts
of laws, not repugnant or contrary to the provisions of this
act, shall be, and the same arc hereby continued in full
force and virtue.

(Signed) JAMES PELLET,

Speaker of the House of Heprescntutivci.

THOMAS £1113,

President oj the Senate.

Approved—Dec. —, 1819.

(Signed) WM. W, BIBB.

an act -pioviAinfc So* t\ic \vcescT\atioA of
the. •public arms.

Sr.ci ioa t 1 . Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly GtiVernor to
convened , That for the purpose of preserving the arms* contract for a
which have been, or mav be furnished to this State, by vir- building in Ca-
the of the acts of Congress providing for arming and e- a
quipping the militia of the United States, the Governor he,
and he is hereby authorized, to cause to be erected, a suita¬
ble building, on such lot or parcel ofland reserved for pub¬
lic purposes, at the town of Caiiawba, as he may designate ;
and that the arms aforesaid shall he deposited therein,
and kept in proper order by some fit person, whom the
Governor may appoint, under such rules and responsibili¬
ty as he shall prescribe

See. 2. And be it further enacted , That, to enable the ex¬
ecutive to carry into effect the provisions of this act, and
for defraying the expenses which have been, or maybe,
incurred in the transportation of the arms already furnish¬
ed, a sum not exceeding one thousand dollars be, and

Appropriation
oi IOoa dollar*

[ '6 3

same is hereby appropriated* to be paid out of any monies
in the treasury not otherwise appropriated.

(Signed) JAMES DELLET,

Speaker of the House of Representatives .
THOMAS BIBB,

President of the Senate.

Appro red—Dec. 4, 1819.

(Signed) WM. W. BlBB.

Roa*3 to be >ai«J
out frmvi, the
Military road it*
X»tii4erd*te to
Titscaiooit

Manner of Qpeu
ing ami rtfvi’r-
iwg ths toad

Com»ii»*«onej*
its Lawrence &
Franklin

Aw act to fc$tati\is\v tx yxvYWic eoait Wicveiu

warned.

Section V. ,Bc Her acted by the Senate and House of Rep¬
resentatives of the State of Alabama , in General Assembly
convened. That a public road be, and the same is hereby
established, as follows, to wit; Beginning <m the great mil¬
itary road, leading from Columbia in Tennessee to Madi¬
son villc in Louisiana, at or near the place where Samuel
Craig now lives, on the west side of Big-shoal creek in
Lauderdale county *. thence, the nearest and best way to the
Tennessee riycr, at the ferry opposite the town of Bain*
bridge, Franklin county ; thence southeast from the south¬
ern part of said town, the nearest and best way to the
county line between the counties of Lawrence and Frank¬
lin; thence south along said county line, wherever the situ¬
ation of the ground will admit, and at all times as near the
said line as practicable, to the southern boundaries of *hc
counties of Lawrence and Franklin; thence the most eligi¬
ble- route to the falls of Tuskafoosa river.

See £. And he it further enacted. That the said road shall
be. opened and kept in repair in the following manner, to
w it: The judges oft lie inferior court for the county of
Lauderdale, shall, at the first sessiun after the first day of
January eighteen hundred and twenty, appoint five land¬
holders of said county to view and report to said court at
their next session, the best and nearest route for said road,
from the military road to the Tennessee river as designated
in the first section of this act, and the Judges of the inferi¬
or court of said county of Lauderdale, shall appoint and
direct an overseer, with a sufficient number of hands, to
open and keep the same in good repair.

Sec. 3. And be it farther enacted , That John B. Cobbs,
Obadiah Waller, William Bryant, George Vandiver, Ni¬
cholas bung, and Vance M. Cunningham, on the part of
the county of Lawrence; ami Levi JL Gist, Richard Ellis,
Samuel B. Harris, William Skinner, William Mullen, and
George Russell, oil the part of the county of Franklin, are
appointed commissioners, who, or a majority of them, are

[ 77 ]

empowered* and are hereby required, to meet at Bainbridge,
within twenty days after the eml of the first session of the
county court of the county of Franklin, in the year eighteen
hundred and twenty; and the sheriff of the county of Frank*

Ifn shall notify the commissioners of his county of the time
of meeting, - which he shall determine,) and also inform the
sheriff of Lawrence county, giving him ten days notice, at
least, of the time: and the sheriff of l^awrence shall sum¬
mons Use commissionci s «d hU county; arid the said com- Thcir
missiouers, or a majority oHhem, shall proceed to view
the route jointed out in the first section of this act, to the
southern botiudaiy oi (he said counties of Lawrence and
Franklin; and the said commissioners filial! divide the road
by them so reviewed, into four divis ms, as nearly equal
in distance and labour as may he practicable; the first of
which districts sliail commence at Ba ; r.hridge,theoverscers
to which shall be appointed by the county court of Frank- iOW
1 in county; the county court of Lawrence shall appoint the
overseers for the second division: The county court of
Franklin shall appoint an overseer to the third division;
and the county court of Lawrence shall appoint the over¬
seer to the fourth division. And all persons liable to work
on public roads, within two miles of said road on either side
thereof, shall be bound to assist in opening said road, arid
keeping the same in repair.

Sec. 4. And be it further enacted , That John Byler of the j.hn Byler an<J
county of Lawrence ami Lis associates be, and they are •rheramay ton*
hereby authorized and empowered to continue the said road nnue thc rosd
from the southern boundary of the counties of Lawrence
and Franklin, to the centre of the southern boundary of
township numbered eighteen, of range numbered ten west,
the most eligible route which they can or may have disco¬
vered. And the said John Byler and his associates are
hereby authorized, so soon as they have opened the said p refraturn .
road, to crcd a turnpike gate at some convenient place pike gate
thereon; ami persons travelling the road, shall pay to the
said John Byler and Ids associates the following rates of
toll, to w it: On a four wheel carriage and team, seventy- Rates of toil
five cents ; on a two wheeled carriage, fifty cents *, on a man
and horse, twelve and a half cents: on each pack horse, six
and a fourth cents; for a loose horse, six and a fourth
cents; for each head of cattle, one cent; for each head of
hogs and sheep, half a cent And if any person shall break
through or round the said turnpike gate, with an intention
to avoid payment as required by this act, they shall forfeit
and pay for every such offence, triple the amount by them
due to the said John Byler and his associates, to be reco¬
vered by any action of debt before any Judge or Justice of
the peace. And the sa d John Byler and his associates Roa(}(Qbe
shall continue to ksep said road in good repair, and to re* & repair

[ ™ 3

complete

road

oetv© all the profits arising from the same, for the term of
twelve years; at the expiration of which the same shall be
held subject to the disposition of the Legislature of this
State.

CMroty court of Sec. 5. And be it further enacted , That so soon as John
J*°By)er an( * associates may have opened the road to the
^centre of the southern boundary of township numbered
eighteen of range numbered ten west, and notice thereof
being given by said Bylcr or his associates, it shall be the
duty of the Judges of the inferior court of the county of
Tuskaloosa, to cause the residue of the road to the tails of
Tuskaloosa river, to be viewed by five white male citizens
of said county, who shall be sworn to mark the same, from
the place of intersection, on the township line between town¬
ships eighteen and nineteen, the nearest anil best way to
the town of Tuskaloosa; and the Judges of the inferior
Court of the county of Tuskaloosa aforesaid, are hereby re¬
quired to appoint an overseer of said road, with hands suf¬
ficient to cause the same to be opened forthwith, and keep
the same in good repair thereafter.

Commissioners Sec. 6 . Be it further enacted , That the county courts of
to examine the *Tuskaloosa, Franklin and Lawrence, shall each appoint
** * p "onc commissioner, whose duty it shall be to examine that
part of the aforesaid road, winch is to be cleared by John
Byler, twice in each year, and make report annually to the
legislature of this state, of the condition in which the said
John Byler and his associates have kept said road, each of
whom shall receive for his services two dollars, for each
day they may necessarily be engaged in view ing said road,
to be paid by said John Byler and associates.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.
THOMAS BIBB,

President of the Senate .

Approved—Dec. 16, 1819.

(Signed) WM. W. BIBB.

pointed

An act to alter and amend the laws res¬
pecting Straps.

Sec tion 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama , in General Assembly
Gl&ce of rttigtt convened 9 Tnat the office of Ranger be, and the same is
abol *heJ hereby abolished, and that the duties which by law apper¬
tained to the office of Ranger, shall hereafter be done and
^ . performed by the Clerks of the county courts in their coun-

c^rko/oountr** M respectively, who shall he entitled to the same fees for
court all services performed, as are provided by law for ranger.

[ 79 ]

Sec. 2. And be it further enacted. That all rangers shall fc*®g*nto *«.
deliver to the clerks of the county courts in their respective ** verowkoc **
counties the several stray books of such county, who shall
proceed in all cases in the same manner as the ranger
would have proceeded.

Sec. 3. And be it further enacted. That in all cases, when ^
any stray is not valued at a sum exceeding fifty dollars, b e *oM
the said clerks shall proceed to sell the same lor cash in
six months after the appraisement thereof: and when Hte
value of a stray, or strays, does not exceed twenty dollars,
the same shall be sold in six months after the date of the
certificate of appraisement

Sec. 4. And be it further enacted, That all acts and parts Repeating
of acts, coming within the meaning and purview of tills act, 01 *® 1 *
be, and the same are hereby repealed.

Sec. 5. This act shall be in force from and after the first
day of February next.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—December 17th, 1819.

(Signed) WM. W. BIBB.

An act to \u-ovl<\c far t\\e removal of the

public offices.

Section l. Jit it enacted by the Senate and House qf Rep¬
resentatives of the State qf Alabama, in General Assembly
convened, That all officers who are required by law to keep
their offices at the seat of government of this state, shall
l emove the same to the town of Cahawba, within three
months from and after the close of the present session of
the General Assembly; and the necessary expenses of re¬
moving the public seal, records, and papers, shall be paid
out of any monies in the treasury, not otherwise appro*
priated.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—-December 13,1819.

(Signed) VE W. BIBB.

[ 80 ]

An act to authorize the holding an elec¬
tion therein warned.

Section 1. BE it enacted by the Senate and Home oj
FlevtSoo to be Representative* of the State of Alabama , in General Assembly
Md hi Jackwo convened , That there shall be lioldeii in the county ol'Jack-
•onaty son, an e | ec ^ on t|, 0 sev ei*al places of holding elections in

said conn ty 9 on the fourth Monday of February next, for
the purpose of electing a Sheriff, a Clerk of the circuit
court, and a Clerk of the county court, which elections shall
be holdcn and conducted in the same manner that elections
of members of the General Assembly are conducted.

(Signed) JAMES DELLET,

Speaker of the House of Representatives .

THOMAS BIBB,

President of the Senate.

Approved—December IT, 18L9.

(Signed) WM. W. BIBB.

An fcet to lease certain Salt Springs.

Section 1. BE it enacted by the Senate and House of
Representatives of the State of Alabama , in General Assembly
convened. That the Governor he, and he is hereby, author¬
ized, to appoint one fit and proper person, who shall have
power to lease the Salt Springs and lands donated by the
Congress of the United States, by act of the second of
March, eighteen hundred and nineteen, to this State, for a
term not exceeding that stipulated in said act of Congress,
on such terms as will ensure the working the same, most
extensively, and most advantageously to this State.

(Signed) JAMES DELLET.

Speaker of the House of Representatives,
THOMAS BIBB,

President of the Senate,

Approved—December 17, 1819.

(Signed) WM. W. BIBB.

An act anointing commissioners to log
out a certain road therein named.

Section 1 Be it enacted by the Senate and House of Rep*
resentatives of the State of Alabama , in General Assembly

convened, That John Harrison, John Herbert, and Char-

t «l]

nock Therp, be, and they are hereby appointed commit-J*>b«
sinners, who, or a majority of them, are hereby authorized ^Vopetl^io
to lay out and mark the ncai*eat and best way for a road toia^ ^ 4 ,
be opened, to begin at such point as they, or a majority of
them, shall think best, on tire new road leading from this
state to the state of Georgia, which intersects the old fed¬
eral road in the cree k nation, in the eleventh and twelfth
township, am! sixteenth or seventeenth range, and from
such point of beginning to the town of Cahavvba. And in
case the said commissioners, or a majority of them, shall
find it practicable, that a road may be made on the said di¬
rection, it is hereby made their duty to report thereon to
the next meeting of the Legislature.

(Signed/ JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—Dec, 4, 18? 9.

(Signed) WM. W. BIBB.

Aft act ft>T t\\e inspection of lumber and.
certain other articles therein named.

Section 1 . Be it enacted by the Senate and House of Rep *
resentaiives of the State of Alabama , in General Assembly,
eonrened, That the c ounty court of any county in this state, Certli *i «o«nnr
in which a port of entry is now or hereafter may he cstab- cut

lished, are hereby authorized and empowered to appoint* B P * C
one or more fit and suitable persons, as Inspectors of tar,
turpentine, pitch, rosin, and lumber.

Sec. 2. Be it further enaded 9 That each inspector, be- Tnipmor ta
fore he enters upon the duties of his office, shall enter jntoisp v « bo °d
bond, with two good and sufficient securities, to be appro¬
ved of by the said court, payable to Ihe Governor for the
time being and his successors in office, in the sum of one
thousand dollars, for the faithful performance of the duties

of his office; and likewise, shall take and subscribe to the

following oath : “ I,--, do solemnly swear (or af-* akean ******

** firm), that according to the best of my abilities, I will

“ comply with, ami faithfully fulfil, the duties of inspector,
according to law. So help me God V

Sec. 3 • Be it further enacted , That all staves for expor- Wbu ct>vc|
iation shall be made of good and sound timber, free of worm hiding much
boles, and shall be of the following qualities and dimen-
sions* viz r— Each pipe stave shall be made of white oak,
fifty-four inches long, three inches wide, and one inch thick
at the thin edge, free of sap: each white oak hogshead

[ 82 ]

stave shall be forty-two inehes ion^, three and one half
inches wide, and not less than seven eighths of an inch thick
at the thin edge, and free of sap; each red oak hogshead
stave shall be forty-two inches long, three and a half inch¬
es wide, and not less than three fourths of an inch thick at
the thin edge:—Each hogshead heading shall be made of
white oak, thirty-two inches long, five inches wide, and
not less than one inch thick at the thin edge, and free of
sap ; each white oak barrel stave shall be thirty-two indi¬
es long, three and a half inches wide, and not less than
three fourths of an inch thick at the tjun edge, ami fiee of
sap: each red oak barrel stave shall he thirty-two inches
long, three ami a half inches wide, and not less than one
inch thick at the thin edge —each barrel heading snail be
made of white oak, nineteen inches long, six inches wide,
and not less than three fourths of an inch thick at the thin

FUttn edge, and free of sap. Each and every barrel of pitch, or

rosin, shall be hooped with six good hoops on each end, and
shall weigh three hundred and twenty pounds gross; each
barrel of tar and turpentine shall be in good barrels, mado
Ttr and tur- Q j- seaso ue(j timber, and shall be bound with seven good
peatme, hoops on each end, shall be well packed, free of water,
strained, and clear, without chips, tilth, or dirt, and shall

contain thirty-two gallons.

Inspector shall Sec. 4, And be it further enacted , That each inspector
brand each bar-appointed as aforesaid, shall brand his name, at full length,
Ac° and^ecoVd an< * P* ace residence, on one head of each and every bar-
thequantity &ci*el of pitch, rosin, tai', and turpentine, that he may inspect
and pass as merchantable, according to the requisitions of
this act; he shall also keep a book, in which he shall enter

the quantities of each and every article by him inspected
and passed, the name of the person for w hom the same was
inspected, and his place of residence; and shall give a cer¬
tificate of the same when required, after the fees for inspec¬

ting the same shall have been paid him, charging for said
certificate twenty-five cents. It shall, moreover, be the
duty of each and every inspector, appointed under the pro¬
visions of this act, to have and keep a brand for the pur¬

pose; and each and every barrel of pitch, rosin, tar, and
turpentine, that he may be called to inspect, and which
shall not be competent to contain the quantities, as before
required in the third section of this act, or in any barrel in
which he may discover any intentional fraud or neglect, in
the manufacture or putting up of the same, to brand on
each head and bung stave, the w ord “ condemned ”

Tht above arti- Sec. 5. Be if further enacted , That if any person or per-
cicf oot to be 8Q11S shall export, or attempt to export, from any port or
exported with- place in this state, to a port or place in another state or
,B foreign port, any of the articles above enumerated, not ha¬
ving been inspected according to the true intent and mean-

F S3 1

itig of this act,—or shall attempt to export any that have
been condemned by any inspector, shall forfeit the whole
of the article or articles so attempted to he exported; to bo
recovered by action of debt, in any court having jurisdic¬
tion of the same, the one half of the proceeds thereof to the
use of the person suing for the same, the other half to the
State.

Sec. 8. Be it further enacted , That the inspectors afore- Fee* of
said shall receive for their services the following fees, viz : tOY
For inspecting pipe staves, and white oak hogshead staves
and heading, per thousand, fifty cents; for inspecting red
oak hogshead staves, red oak barrel staves, and white o«tk
barrel staves, and heading, per thousand, twenty-five cents;
for inspecting and branding pitch, rosin, tar, and turpen¬
tine, per barrel, six and a quarter cento.

Sec. J Be it further enacted , That should any inspector tmpectorreqwt-
have reason to suspect a fraud, in any barrels of pitch or red to detect
rosin that he may be called to inspect, it shall be his duty, P* tck

and he is hereby authorized, to cut open any number or ro * JI>
barrels, not exc eeding one for every ten of the whole num¬
ber so suspected; and upon finding the same partly filled
with any thing other than pitch or rosin, with intent to de¬
fraud, in that case, the whole number shall be condemned,

and branded accordingly with the word «condemned f* And if condemned
the said inspector shall sell, or cause the same to be sold, at to *ctl it.
auction, within five days, and the nett proceeds thereof pay
into the treasury of the State: And he is hereby required
to keep a true and faithful account of the same, in a hook
for the purpose, and shall be allowed five per centum on the
proceeds of all such condemned articles.

Sec 8. Be it further enacted , That if any inspector, ap- Ne K Iect of
pointed as aforesaid, shall knowingly and wilfully fail ° W

comply with the duties and requisitions of this act, or shall
pass as merchantable any of the before enumerated articles,
other than is expressly permitted and required by law, shall
forfeit and pay the sum of two hundred dollars, to be reco¬
vered by action of debt, in any court having jurisdiction of
the same, the one half to the person suing for the same,
the other half to the state; and the county court shall there¬
upon displace him from the office of Inspector: Provided ,

That no person shall be eligible to hold the office, or exer¬
cise the duties of inspector, of any article or articles that

he may buy, sell and traffic in the same.

Sec. 9. Be it further enacted , That this act shall take wben this act
effect the first day of September next to take effect,

(Signed) JAMES DEL-LET,

Speaker of the Home of Representatives .

THOMAS BIBB,

President of the Senate.

Approved—December IT, 1819.

(Signed) WM. W. BIBB.

r 84 ]

i. Ji

An act to Y*;oV\&o for t\\e sft\e of lots un
t\\fc town of Cutoaviba and for ottiiM* pi^
^oaes.

Section. 1. Be it enacted by the Senate and Home oi* Be-
presentatives of the, State (f Alabama, in General Asscnddy
convened , That the Governor be, and lie is hereby authuri-
Go*. m»y Jay *ed ami invested with full power, to lay off an additional
efr*od «H 200 number of lots in the town of Cahawba, not exceeding two
mtu hundred ; and expose to sale the whole or any p&rt thereof,

under the same rules and regulations, as are preset ibed by
the act, entitled, “ An act providing for the temporary
and permanent scat of government,” passed the twenty-first
day of November eighteen hundred and eighteen.

Cov. reared Sea 2 . And be it further enacted, That it shall be fho
Stt'hmwf* 1 ' 5, of the Gov ® rno, '» as aforesaid, to deposit in the office
tf State. * r/ of Secretary of State, an accurate delineation of the plan of
said town, designating the respective reservations, and for
what purposes

Gov, to make Sec. 3. And be it further enacted , That the Governor, as
rftk>n« for aforesaid, shall select and reserve one square for the use
fmt| * an academy, one square for a court house and 6 ther pub¬

lic buildings for the connly of Dallas, and four lots for
Churches ; and the said squares and lots, when so select¬
ed and reserved, shall be, and are hereby declared, grant¬
ed and set apart for those purposes respectively.

Sec. 4. And be it further enacted , That, the lot or par¬
cel of land, numbered one hundred and fifty-one in the plan
of the town as now laid off, be, and the same is hereby , ap¬
propriated and set apart, for the erection of such buildings
for the accommodation of the Executive, as the general as¬
sembly may hereafter deem necessary and proper.
CbmnnttioDcrs Sea 5. And be it further enacted , That John Taylor sen.
~tr uk* charge Alexander Pope, Walter 0. Berkley, John Howard, John
?>f public prop- \y Rinaldi and Thomas Casey, be, and they are hereby ap-
***** pointed commissioners whose duty it shall be, under the di¬

rections of the Governor* to take charge of the lands and
property belonging to the state, within the limits of said
town, an<f to rent annually the ferries and such portions of
said lands as are cleared, in such manner and such condi¬
tions, as to them may appear best calculated to promote the
public interest and make report to every annual Legisla¬
ture, within the two first weeks of their session.

Ho pereon to See. 6 . And be it further enacted, That if any person, or
tat or kill tim-the slave of any person, shall cut down, or kill any tree or
^ r * trees on the land aforesaid, without leave in writing of the

commissioners aforesaid, shall forfeit and pay a sum not
exceeding ten dollars, for every tree so cut down or killed

t 85 }

to be recovered "with costs befoj*e any Justice of the Peace 5
and the said commissioners are expressly enjoined to pros¬
ecute any and every person so offending

Sec. 7. And be it further enacted , That the above named
commissioners or a majority of them be, and they are here-o*et »h« cILwr
by appointed commissioners on the part of the state, tocon-ba.
tract with any person or persons for building a bridge a-
cross the Cahawba river, at such point within the limits of
the town of Cahawba, as they may deem best calculated to
enhance the value of the lots, lying between the Alabama
and Cahawba rivers: Provided, said bridge can bo built
without obstructing the navigation of said river.

Sec. 8. And be it further enacted » That a sum not ex- Appropriation,
reeding four thousand dollars be, and is hereby appropria¬
ted to defray the expenses of building said bridge, winch
sum of money shall be raised from the sale of lots hereafter
to be made in said Town.

Sec. 9. And be itfarther enacted , That said commission- noti ^ 0 ***
ers shall give at least sixty days notice in two of the public
newspapers of this state, of the time and place of letting said
bridge ; and the said commissioners shall so soon as said
bridge may he completed agreeable to contract receive the
same am! report thereon to the governor of this state, whoso
duty it shall be to pay said undertaker or undertakers a-
grceable to contract, out of any monies raised as above di¬
rected ; and the said undertaker or undertakers shall bo
bound to keepsaid bridge up and in good order for the term
of seven years.

(Signed) JAMES DELLET,

Speaker o*the House of Representatives.

THOMAS BIBB,

President o* the Senate.

Approved—December 4, IS 19.

(Signed) WM. W. BIBB.

An act prescribing the manner in vsrhich
the oath ot office shall he administered
to the Governor of this State* and cer¬
tain other officers therein named.

Section 1. BE it enacted by the Senate and House of
Representatives of the State of Alabama , in General Assembly
convened , That the oath or affirmation required by the first
section of the sixth article of the Constitution of this State
shall he administered to the Governor, by the Speaker of
the House of Representatives, in presence of both Houses
of the General Assembly.

[ 8(5 ]

Oath of mc». Sec. 2. And be it further enacted , That at the first ses-
aesembi ^ C *how ®^ on Oencral Assembly of this State, after every

election, the oath or affirmation prescribed by the
Constitution, shall be administered to the Members of I he
House of liepresentntives, by a Justice of the inferior Court
or some acting justice of the peace, in the Representative
Hall; and the Speaker shall administer the oath to the
clerk, previous to entering on any other business, and to
the members who shall afterwards appear, previous to their
taking their seats. The President ot the Senate for the
time being, shall also administer the said oath or affirma¬
tion to each Senator, and also to the Secretary of the Sen¬
ate, prev ious to his entering on the duties of his office. And
whenever a President of the Senate shall he elected, the
same oath or affirmation shall be administered to him, by
any one of the members of the Senate.

Oath of other Sec. S. Be it enacted * That all other officers elected, or
how appointed, or who shall be elected or appointed under
m iu«t«rei. ^ )e au thority of this State, shall, before they act in

their respective offices, take the oath or affirmation* pro
scribed as aforesaid, which shall be administered by a-
ny judge or justice of the peace ; the person so admin¬
istering the oath, hereby required to he taken, shall cause
a record or certificate to be nade, specifying the day and
year the same was taken, which said record or certificate
shall he, by said judge or justice, deposited with the clerk
Proviso. of the circuit court of the county, in which the same shall
have been taken. Provided , That the record or certificate
of the oath or affirmation, w hich shall be administered to
the Secretary of State, Attorney General, Solicitors, and
Judges of the several circuit courts, shall he deposited in
pen»lty foriiegtbc office of the Secretary of State.

lectin* the re- Sec. 4, j n d fo ft Jnriker cnactedy That any officer or offi-
qnmtc* of thw cerg f a £j| n3 ^ t 0 comply with the provisions of this act, shall
a 1 forfeit ami pay the sum of five hundred dollars, one half to

the treasury of this State, and the other half to the use of tho
person who shall sue for the same.

(Signed) JAMES DELLET,

Speaker of the House of Representatives .

THOMAS BIBB,

President of the Senate.

Approved—November 9 f 1819.
yy (Signed) WM. W. BIBB.

An act affixing Salaries to certain offices
"within the State ot Alabama,

Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama , in General Assembly

[ sr ]

convened. That the several officers hereinafter named, shall
receive annually, and payable quarter yearly, for all the
duties required of them by law, the following sums, to wit:

The Governor, two thousand five hundred dollars 5 Gover»or #
The Judges of the Circuit Courts each, one thousand judge*,
seven hundred and fifty dollars ;

The Attorney General, six hundred and twenty-five dol- Attorney Geo,

,ars 5 c ...

The several Solicitors, two hundred and fifty dollars 5oImt#w *

each, with such fees or perquisites of office as may be by
law allowed;

The Secretary of State, one thousand dollars, with such *««> of
fees as may be allowed by law;

The Comptroller, one thousand dollars ; Comptroller.

The Treasurer, one thousand dollars. Troawrer*

(Signed) JAMES DELLET,

Speaker of the House of Representative t.

THOMAS BIBB,

Fresident of the Senate.

Approved—December IS, 1819.

(Signed) WM. W. BIBB.

§

An act to authorize, Justices of the "Peace
to cecelve the acknowledgement and
Y*obate ot deeds* and xelinqnistiment
ot dower.

Section 1. Be it enacted by the Senate and House of Rep -
resentatxvcs of the State of Alabama, in General Assembly
convened. That, hereafter, any two justices of the peace Two justice* of
may take the acknowledgment or probate of^ deeds, and a,*r # 5SwH
the relinquishment of right of dower by femes covert, in the ate.

same manner, and under the same regulations, that judges,
justices of the quorum, or clerks of the courts, are now an-
thorized to take such acknowledgment, probate, or relin¬
quishment : and the certificate of such justices of the Peace,
that such acknowledgment, probate, or relinquishment, has
been taken by them, shall be a9 available in law, and such
deed shall be admitted to record thereon, in the same maa-
ncr and under the same regulations, as if the acknowledg¬
ment, probate or relinquishment of dower, had been made,
and a certificate thereof given, by a judge, justice of Urn
quorum, or clerk of a court

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

Fresident of the Senate*

Approved—Dec. 17, t819.
(Signed)

WM. W. BIBB.

t 88 J

An act to enable the Governor to assets
tain the qvmlitrj and value o£ certain
lands In tlvis State.

Section i, BE ii enacted by the Senate and Bouse of
Representatives of the State of Mabama\ in General Assembly
cur, tt»j <m- convened. That the Governor be, and he is hereby author-

?x amine* un«dd t0 em pl°y one or more persons to examine and report
to him, the quality and value of the lands in such parts of
this State, which have not yet been sold, as he may desig¬
nate.

i°° dojiar* ap- See. 2. And he it further enacted , That a sum not exceed-
propr»ic« . Big f l¥C hundred dollars, be, and the same is hereby appro¬
priated for that purpose, to be paid out of any monies in
the treasury, not otherwise appropriated.

Sec. 3. And be it further enacted , That the person or
persons employed* pursuant to this act, shall take the fol-
1 owing oath, to be administered by any justice of the peace:

0ahi *• 1*-——* do solemnly swear (or affirm) that I will

** examine, and true report make, relative to the quality of
“ the unsold lands in this State, so far as 1 am instructed,
“ to the best of my skill and ability. So help me God.”
(Signed) JAMES DfiLLET,

Speaker of the House of Representatives .
THOMAS BiBB,

President of the Senate.

Approved—N ovember 19, 1819.

(Signed) WM. Vf. BIBB.

An act to amend the several acts concern¬
ing ttie trial of Slaves,

Section X. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama, in General Assembly con-
vemed , That from and after the passage of this act, the
CohV^ Justices of the Inferior court ofevey county or corporation
•XUrf try siav?3 in this state, shall be Justices of Oy r er and Terminer, for
Ur hiw\y. try ing slaves charged with treason, felony or other crime*

and misdemeanors of a higher grade than petit larceny,
which trials shall be before any three or more Justices of
the court aforesaid, and by a jury of twelve good and lawful
men of .the vicinage, where such crime shall have been com-
mitted.

tZ* ^cc. s * & e & farther enacted , That whenever any
stave*, 4 ^ slave shall be brought before a justice of the county court,

[ 89 ]

«r of the peace* for the commission of any offence aga1n*i<
the penal laws of this state* of a higher grade than petit lar¬
ceny, if the justice after examination should think, there
are just or probable grounds of suspicion of the guilt or
criminality of the offender, he shall immediately commit
such slave to jail, and he is hereby empowered and directed
to issue a summons to the sheriff of the county, to summons
the justices of the county court, and a jury of twelve good
and lawful men of the vicinage, to meet at the court house
of said county, neither of whom shall be master of said slave
or related to the master or prosecutor of sucji slave, in any
degree, which would be a cause of challenge to a juryman
in a trial at* a free person; and such court and jury shall
proceed in the trial of such slave without presentment or in¬
dictment, and no slave shall he condemned, unless he be
found guiltyby a jury, after allowing him'or her counsel in
his or her defence whose fee amounting to ten dollars shall
be paid by the owner of the slave : Provided always* That px0,iw »
when judgment of death shall be passed upon such offender,
there shall be thirty days (at least) between the time of pas-
wing judgment and the day of execution, except in cases of
conspiracy, insurrection or rebellion.

Sec. 3, Jind be it farther enacted , That a!) acts and parts
of acts, not repugnant to the provisions of this act, shall be,
and the same are hereby continued in full force.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved —Dec. 17, 1819.

(Signed) WM. W. BIBB.

An act to raise a revenue lor the swpport
of Government for the ^ear 182(0.

Section 1 . Be it enacted by the Senate and ITause of Rep¬
resentatives of the State of Alabama, in General Assembly
convened, That all lands in this State subject to taxation, !»„<)».
shall belong to one class: the first quality ot whieh shall be
rated at six dollars per acre, the second quality at four dol¬
lars per acre, and the third quality at two dollars per acre .-
and the owner or person subject to pay taxes for the same,
shall, when he or she shall give in a list of his or her lands,
state on oath, to which quality his or her lands belong.

Sec. 2. And be it further enacted. That the sum of twen- T« «

ty-five cents for every hundred dollars value, he paid on Mnt , to everj
$11 lands within this State which have been cleared out oiioedoilm.

M

t 9o 3

property

Merchandize

Slaves

Free males

the JLam! office, or to which a complete title has been oh*
tallied by the owner; and the tax on all land purchased of
the United States, shall be proportioned to the number of
instalments paid by the proprietor at the time of the assess¬
ment, as well as to its class or quality, ami if one instal¬
ment only, be paid to the government, one fourth only of the
amount of tax accruing by the laws of the State on land of
the same quality, shall be assessed or collected, and in like
proportion when a second or third instalment shall have
been paid.

See. 3, And be it further enacted , That the sum of twen-
Jn^rv ”*^ 0 ty five cents be paid for every hundred dollars value of all
lands, lots, or buildings within any city or town, to be esti¬
mated by the person giving in the same,upon oath; and thir¬
ty cents for every hundred dollars on the amount of mer¬
chandize sold within the year immediately preceding the
first day of January in each and every year, to be estimated
by the owner, or in his absence, by the principal clerk, giv¬
ing in the same on oath 5 and for every slave, not exempted
from taxation by law,over ten years old, seventy-five cents;
for all free males above the age of twenty-one years, and
not exceeding forty-five, twenty five cents ; for all pleasure
Heijure cam- carriages, two per centum on every hundred dollars of their
estimated value, to be ascertained by the oath of the party
Tav«ro licence* giving in the same to the assessor; for every tavern licence
or leave to retail spirituous liqours, fifteen dollars ; for eve¬
ry horse kept exclusively for the saddle or pleasure car¬
riage one dollar , and for every race horse five dollars ; for
every public race track twenty dollars; for every stud horse
or jack-ass twice the amount for which such stud or jack
may stand by the season; and all neat cattle which may be
owned by any one man over forty, two cents per head; for
every billiard table kept for play, one hundred and fifty dol¬
lars ; for each licence granted to every hawker or pedlar,
fifty dollars 5 on all goods sold at auction other than those
which are exempted by-law, two per centum on the amoifnt
of sales; on every practising attorney, five dollars ; for eve¬
ry practising physician, five dollars; for every gold watch
kept for use, one dollar ; for every silver watch kept for
use, fifty cents •, and for every clock kept for use, one dollar.
Sec 4 And be it further enacted , That on all shares of
Tux on hank Bank slock in the. Planters* and Merchants* Bank in the
Shajrcs town of Huntsville, held by any individual, partnership

or body corporate, and all shares held by any individual,
partnership or body corporate in the Tombeckbe bank in
the town of St. Stephens, and on ail shares held by any in-
vidual, partnership or body corporate, in any other bank in
this state there shall be levied and collected yearly, a rev¬
enue at the rate of fifty cents on each share of one hundred
dollars and the president and directors, or cashier, on ma-

Horiel

Rats track

Stud horse
Meat catti«

Billiard table
Pedlars
Auction sales

Aeiornies
Physic tan#

Watches and
Clocks

[ 91 ]

king out their last dividend for each preceding year, shall
return the said amount of taxes and pay the same into the
treasury of this State, &nd shall produce the treasurer’s re¬
ceipt on or before the first day of January in every year;
and on failure thereof, the president and directors of said
banks, or any number of them in their individual capacity,
shall pay to the state one thousand dollars, to he recovered
on motion, in the Supreme court, by notice from the compt¬
roller of public accounts, given the president of said bank
so making default, as in case of collectors or other public
debtors.

Sec. 5. Jind be it further enacted , That when the time When property
shall have expired, within which, the lists of taxable proper “* c y (1 bc dwiWe
tv are to be received, it shall be the duty of the assessors
of taxes, to ascertain whether there be any lands or town
lots within their respective counties, sold under the author¬
ity of the United Slates, previously to the first of September
last, which have not been assessed; and in case any suck
be found, w hich have not been forfeited, he shall assess the
same according to the rule of assessment prescribed bylaw
on town lots and lands for which a complete title has been
obtained, and they shall be doubly taxed

Sec. 6. ^nd?#e it furtAcrcnadcd, That tliccollectorsof tax- Colleger mty
es in the several counties, shall at the times audio the manner dUuainfor ta*«
prescribed by law, make distress and sale of the goods and
chattels, lands and tenements, of all delinquents; and in the
ease of taxes assessed, in the manner directed in the pre¬
ceding section on lauds or town lots, to which a complete
title has not been obtained, in which other property sufficient
to satisfy the taxes due, together with all costs and charges
accruing thereon, cannot be found, it is hereby expressly
made the duty of the respective collectors of taxes, to give
notice by advertisement at the door of the court house of the
proper county,and at two other public places within the coun¬
ty, that on a certain day (which shall be at least thirty days
after the date of such advertisement) be shall proceed to the
premises,and offer tor rent the town lot or lots, or so much of 0 ”
the land (as the case may be) and tor such term as may be uxe*.
necessary, to satisfy the taxes due and costs and charges
thereon. And he shall accordingly, on the premises offer
for rent to the highest bidder, until the first of January suc¬
ceeding the January immediately ensuing, the town lot
or lots, or such portions of the lands (as the case may be)
as he may designate, beginning in the case of lands, with
ten acres and adding ten thereto, as often as may be neces¬
sary to obtain a sufficient sum to satisfy the taxes and costs:
and in case the town lot or lots, or lands cannot be rented
fora sufficient stun, on the terms aforesaid, they shall be
offered for two years from the first of January immediately
ensuing, or until a complete title to the same shall be pro-

Ffcj ¥o©.

[92 ]

duced, or the same shall be forfeited to the United States :
Proxnded, that the. production of a complete title shall, in
every case aforesaid, entitle the owner to possession of the
premises, upon reimbursing the amount paid for taxes, and
charges thereon, to the party by whom such payment has
be^ti made, and saving to the occupant the crop which may
be on the premises ; and should the rent in any case exceed
the amount of taxes and charge#, the rightful claimant of
the town lot. or lots, or land (as the case may be) shall be
entitled to the overplus,
ideate'*f ^ ec ' ~^ n ^ ^ it farther enacted . That the collectors of

wUhVod*!* u taxes respectively, shall by an instrument of writing, convey
to the party renting the premises as aforesaid, the use there¬
of, for and during the time for which they were rented, and
shall in addition to the compensation allowed by law, be
entitled to receive two dollars for executing every such in¬
strument of writing: and such instrument conveying the
use of the premises as aforesaid shall be good and effectual
PVoviw. both in law and equity : Provided , That whenever the tax
collector shall find the tenant in possession, who may refuse
to pay the tax, and render possession of the premises which
may be thus taxed and unpaid he shall have full powerto pro¬
ceed insfottterjn the same manner as authorised in the case of
forcibte entry and detainer, and the refusal of the tenant in
possession,to render peaceable possession of the premises,on
demand, shall be considered as evidence of forcible detainer
(Signed) JAMES DELLET,

Speaker of the House of Representatives .
THOMAS BIBB,

President of the Senate .

Approved—Dec. 15, 1818.

(Signed) WM. W. BIBB

Ab act to authorize the laying off anvl cut¬
ting out cert&incoa&s therein mentioned.

Section 1. Be it enacted by Hue Senate and Houseof Rep-
Road from Tu % resentatives of the Slate (f JSlahaitia 9 in General Assembly
oloow, by «ta. convenedf That there shall be a road, commencing at the
falls of the Black Warrior, and running from thence, the
ly. nearest and best route to the tow n of C&hawba, from thence

to the town of Claiborne, and from thence to the town of

ki.vth* So Ch*H«*

taw comer

Blakeley, on (he Mobile bay.

Sec. 5. dnd be ii further enacted? TO at there shall be an¬
other road, beginning at the town of Cahawba* from thence
to the Choctaw corner, from thence to Coffbeville, from

[ M ]

thence to Washington court house, from thence to the post
road lending from St. Stephens to Natchez.

Sec. 3- A rut be it further enacted . That the Justices of the CommVi to be
Inferior court of each county, through which said roads a PP oint#d
may pass, shall appoint three commissioners on each road,
whose duty it shall he to lay off and mark said roads through
their respective counties, and appoint as many overseers
on the same as may be necessary, and designate the points
between which each overseer is to work, and apportion the
hands under the same.

Sec. 4. And be it further enacted , That all persons liable
to work on roads, who live within two miles of said roads,
shall work thereon.

Sec. 5. And be it farther enacted , That so soon as the Road«wh«* fin-
said overseers shall have completed said roads, the com- t ^ c
tntssioners shall report the same to the next inferior court county court
of their respective counties.

(Signed) JAMES DELLET,

Speaker of the House of Representatives .

THOMAS BIBB,

President of the 8enate.

Approved—December 17th, 1819.

^Signed) WM. W. BIBB.

Aw act to prevent the obstruction ol the
navigable water-courses in this State.

Section 1. Be it enacted by the Senate and House of Rep- Navigable wa«
resentatives of the State of Alabama , in General Assembly ^tlnfrcc and
convened , That all water-courses reported to be navigable, open
or which may hereafter be reported to be navigable, by the
sur veyor of the United States, employed in surveying lands
in this State, shall be and remain free and open.

Sec. 2. And be it further enacted , That if any person or r,s j^J Bai9 not
persons have heretofore erected, or shall hereafter erect, M^igtSo thC
aiiy fish dam on any such water-courses, he or they shall
open in the deepest channel of said watercourses, where
any such dam is, or may be erected, one third of said wa¬
ter-course, including the main channel thereof.

See. 3. And be it further enacted , That in case any per- Penalty for non
son or persons shall fail to comply with the provisions of^®P^ nccwitti
the second section of this act, he shall forfeit and pay for u * C£
every such offence the sum of twenty dollars, to be recov
ered before any Justice of the Peace; one half thereof to
the uso of the person who will sue for the same, the other
half to the county where such offence shall be committed.

£ 94 ]

K# person t* Sec. 4. And be it further enacted, That if any person or
w»ur^fufK»| 0 P*** 80119 shall, after this act takes effect* make any hedges,
&«» or cut, or cause to be cut, any tree nr trees, to fall in sai<l

navigable water-courses, he shall forfeit and pay for every
such offence the sum of ten dollars, for every day such
hedge or tree shall so remain in said water-course, recov¬
erable before any Justice of the Peace, one half thereof to
the use of the person who will sue for the same, and the
other half to the use of the county where such offence shall
be committed.

w)*en to ukc Sec, 5. And be it further enacted, That this act shah he
«#«ct | fl f oroe fy 0 m and alter the first day of March next.

(Signed) JAMES DEL LET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—December—, 1819.

(Signed) WM W. BIBB.

An act to ^xtmde fox examining certain
xtvexs tivexein named, and lox other
^nx^oses.

Governor au- Section L Be it enaeted by the Senate and House of.
tfeorised to cm- Representatives of the State of Alabama , in General Assembly
p!oy engine** * convened. That the Governor of this State be, and he is
hereby authorized to employ one skilful engineer, and as
p^ortec won man ^ aggjgtanfcj ag he may deem necessary, whose duty it

shall be, under such instructions and regulations as to him
may appear proper, to examine from the falls of the Cou»a
river to Will’s creek, from M’Grew’s shoals on the Tom-
beebe, to the falls of the Warrior, from the junction of the
Tombecbe with the Black Warrior, to the state iine, and
that from the point where the state line may cross the But*
tahatchee, up the same to the military crossing thereof,
from the head of the Muscle Shoals to the lower end of
Colbert’s shoals on the Tennessee, and from Colbert’s
shoals to where the Alabama state line crosses the Tennes¬
see river below said shoals; from the town of Catawba to
the fails of that river; from the falls of the Warrior to th©
Mulberry fork, and the nearest and best roads from the
Tennessee to each of those points, from the junction of the
Alabama with the Tailipoosa, to Line creek; and to report
to him as soon as practicable, for the information of the
General Assembly, to what extent, in what manner, and at
what expense, the navigation of each may be improved;
and also to examine the country between the waters of the

C 35 ]

Mobile and Tennessee rivers, and to report to him the
nearest and most eligible approaches which can be made
between the same, and at what expenses, for facilitating
the commercial intercourse of this State,

Sec. % And be it further enacted , That for carrying this 4 C0 °
act into effect, there shall be, and hereby is, appropriated p ™ r p y r, *J£ i4 JJJ
a sum not exceeding four thousand dollars, to be paid out into cffca
of any monies arising from the fund appropriated by con¬
gress, for the purpose of internal improvement within this
State*

(Signed) JAMES DELLET,

Siicaker of the House of Representatives.

THOMAS BIBB,

President of the Senate,

Approved—December 13, 1819.

(Signed) WM, W. BIBB,

Jin act to alter and amend t\\e laws tc-
»^cct\ng public Toads.

Sect ion I. Be U enacted by the Senate and House of Rep*
resentatives of the State of Alabama , in General Assembly Count y cowt **
convened? That the county courts, respectively, are hereby J pp ra la£ OV4r "
authorized and required to nominate and appoint such per-
nns, from time to time, as they may deem necessary, with¬
in their respective counties, who shall apportion the hands,
liable by law to work ort public roads, among such over¬
seers as they shall direct.

Sec. 2 . Be it further enacted , That it shall be the duty Person* liable
of each and every person, liable by law to work on public toworkon r ©»d*
roads, to furnish, in writing, a list of his name, togetherhawk
with all the hands he owns, liable as aforesaid, to the per¬
son or persons so nominated or appointed by the county
courts aforesaid, within ten days after being notified so to
do, by the person or persons aforesaid i and on failure
thereof, shall forfeit and pay six dollars, for each and eve¬
ry hand so liable to work on roads: Provided , nothing
herein contained, shall authorize any overseer to compel
any such person or persons, so allotted or apportioned him,
to labour on any road, some part of which does not lie with¬
in five miles of such person or persons’ place of residence.

(Signed) JAMES DELLET,

Speaker of the House of Representatives,

THOMAS BIBB,

President oj the Senate .

Approved—December 17, 1819.

** Is

(Signed)

WM. W. BIBB.

r 96 i

j

An. act to fix tt\e compensation of the
meiuiiera of the General Assenxhl’j, and

Ilov other purposes therein named.
Section l. fie it enacted by the Senate and Mouse of Rep ~
Compensation rcsentatives of the State of Alabama , in General Assembly
t{ member* oi con vened* That the President ef the Senate and Speaker of
gen, ukdi y. the House of Representatives, shall be entitled to receive
seven dollars* and each other member of the general assem¬
bly five dollars, for each and every «lay ? s attendance at the
general assembly; and shall, moreover* be allowed, at the
commencement and end of every session* five dollars for
every twenty miles of the estimated distance, by the mmiu-
sual road, in coming to, and returning home from the place,
at which the general assembly shall sit, and in that propor¬
tion for a shorter distance : and if any member of the gen ¬
eral assembly shall be detained by sickness alter leaving
home, in coming to, or be unable to attend the house, after
he arrives at the place where tne general assembly shall sit,
he shall be entitled to the same daily allowance.
Appropriations Sec. 2. And be Ufarther enacted , That the, following sums
for the several of money be, and the same are hereby, appropriated : for
officers of gov. the eX p enscg 0 f the general assembly, thirty thousand
eminent d(> j| ars . f or the payment of the Judges of Uic circuit courts,
eight thousand seven hundred and fifty dollars; lor the pay¬
ment of the attorney general, seven hundred e.nd fifty five
dollars; for the payment of the solicitors, one thousand dol¬
lars; for the payment of the secretary of state, one thou¬
sand dollars ; for the payment of the comptroller, one thou,
sand dollars ; for tbe payment of the adjutant general, one
thousand dollars ; to the Quarter-master general* two hun¬
dred dollars; to the governor, twenty-five hundred dollars;
to Thomas A. Rogers, for stationary and extra services*
one hundred and seventy one dollars ; to the clink of the
senate, and clerk of tiie house of representatives, each, se
ven dollars per day; to the assistant clerks for each blanch
of the Legislature, five dollars per day; for the door-keepr
ers one to each house, four dollars per day; to he paid out
of any monies in the treasury, not otherwise appropriated.

Sec. 3. And be it further enacted , That the sum of ten
thousand dollars be, and the same is hereby appiopj iated,
as a contingent fund, sub ject to the order of the govcrnoi *
out of w hich the governor is required to draw on the treas¬
ury, for the sums due, or which may fall due, to the officers
of the territorial government, pursuant to the constitution.
(Signed) JAMES DELLh 1,

Speaker of the Mouse of Representatives.

THOMAS BIBB*

President of the Senate,

Approved—December lT f 1819.

(Signed)

Contingent

hm«k

WM. W. BIBB,

L J

Aft act ^cTmanfentYj to fix t\\e> seat ol Jus¬
tice ii\ tfie count';, of TuawTfcftcc»

Section l. Be it enacted by the Senate and House of Rep*
mentulives of the State of Alabama ,, irt Gencscd Assembly Comminioner*
convened,, That an election shall be holdcu in the county a- t0 *** ekctcd ’
forestall* on the first Monday and Tuesday in February
next, at the places by law appointed for holding the gener¬
al elections therein, lur the purpose of electing live com¬
missioners, which elec lions shall, by the proper officer, be
conducted, strictly pursuant to the election laws, now in
force in this State.

Sec. &. And he it further emitted. That the said com mis- n . .
smners or a majority o( them, shall have lull power to tix may g x on a
on the site for the public buildings in said county, which of Justice,
site they shall place at the centre thereof, or at the nearest
eligible place thereto.

Sec. 3 Be it farther enacted. That the commissioners to May purchase*
be elected as aforesaid, or a majority of them, shall have wtc *
power, and it shall be their duty to contract for, and receive
a good and lawful title for not ie*s than three acres, nor
more than one quarter section of land, at the place by them
fixed on for the seat of Justice aforesaid ; which land shall
by such commissioners be appropriated,as is hereinafter ds-
reeled to the erection of the public buildings for the county
aforesaid.

S<x:. 4. And be it further enacted, That the said commit contract
si oners, or a majority of them, shall have power to contract f or public buiid-
for all the necessary public buildings for the county afore-fog**
said, shall fix their several constructions, and superintend,
reject, or receive the same, when completed.

See. 5. Jind be it further enacted, That the said coin- Notice to be *i-
missioned or a majority of thorn, shall give notice in some ^Xic'huiTd-
printed news-paper of the adjacent county, or in the JNash-j n g,.
ville Whig, and at least five other of the most public places
in the different parts of said county, sixty days before let¬
ting out of such public buildings, and on the day so notified
the said commissioners shall publicly let out the same to the
lowest bidder, binding the undertaker or undertakers in a
bond of sufficient penalty, and with good security, payable
to the said commissioners, for the completion ot such public
buddings according to the contract of such undertaker or
undertakers.

Sec. 6. And be it further enacted , That the commission- Commfssione5 ,
evs are hereby authorized to sell such lands, as they may m3 y se u lands*
acquire, for the benefit of said county, at such credits, and
in lots of such dimensions, as they may deein expedient:
and should the monies, arising from the sale of such lands,
be insufficient towieet the expenditures necessary for the

N

C 98 J

Compensation

Cocnmwiion-

er».

Surplus of sales
to he paid into
the treasury.

Commusioner*
required to take
an oath.

completion of the public buildings aforesaid, the comity
court is hereby empowered to lay a tax in said county, wo
such property as is subject to taxation, not exceeding one
fourth of the state tax, to be applied to the purpose of com¬
pleting the public buildings aforesaid.

Sec. 7 And be it further enacted, Thai the commission¬
ers shall be allowed adequate compensation for their ser\ i-
ces, to be fixed by the county court, who shall draw in la-
your of such commissioners, on the county treasurer, for
the amount, who shall pay over such amount accordingly.

Sec 8. And be it further enacted , That should a purchase
of land be made as contemplated, and the sales thereof trans¬
cend the amount necessary for* the completion of the public
buildings, and the allowance to the commissioners, such
surplus shall, by those commissioners, be paid forthw ith in¬
to the hands of the county treasurer, subject to the order
of the county court for County purposes

Sec. 9. And be it further enacted. That the commission¬
ers to-be chosen under this act, shall, previous to their en¬
tering on the duties assigned them, take and subscribe the

following oath ; <* I-. do solemnly swear, that i

will according to my best and honest judgment, pci form all
the duties required of me as a commissioner under this act,
and will select and fix on the site for the public buildings
for Lawrenc e county, with impartiality to men or place,
consulting only the common good and equal rights of every
citizen, so ioJp me God” And, moreover, it shall be toe
duty ol the commissioners, so soon as they shall have per¬
formed the duties assigned them, in writing, to report the
same to the county court of Lawrence, the clerk ol which
court shall duly record the same in his office, and the site,
so selected and'reported, shall be the permanent seat of jus¬
tice for the county aforesaid

(Signed) JAMES DELLE1.

Speaker of the House of tiepresentaln'cs.

THOMAS BIBB.

F resident of the Senate.

Anirroved—December 4, 1819.

H (Signed) WM. W. BIBB.

Aw act aattiorvzAtig a VotteT^f for ttte Irene,
fit of Ove Madison lodge and Vde £\a\ia-
ma Vodgt.

Section t. BE U evaded by the Senate and H-mse of
Representatives of the Stale of Mama, in General Assembly
convened, That it shall and may be lawful lor Llias Bay-

fas, Edward 0 Kyle, David Moore, Alexander Erskine, BWarand
Edwin Hickman, William Atwood, and Edwin Jones, or a tfnr
majority or them, to raise by lottery, in one or more classes by 10Ucr y,
as to them may seem most cotwemt id and necessary, any sum
not exceeding fifteen thousand dollars, to be appropriaied in
erecting and fur nishing a Masonic Hal), for (he use and ben¬
efit of ihe Madison lodge and Alabama lodge, both in the.
town iff Huntsville and the said Elias Bayies, Edward G. M»n*gcr* re-
K>lr, David Moore. Alex*r Erskme, Win Alwootl, Edwin !o gi,a
Jones, and Edwin Hickman, or such of them as may choose
to act , shall, before they enter on the duties of their office,
in the County court of Madison, enter into bond with secu¬
rity to be approved by said court, to tfie state of Alabama,
in the penal sum of thirty thousand dollars, conditioned for
the faithful discharge of the several duties imposed upon
them by this act, which bond may, from time to time, be
put in suit, in the name of the said state, by any person in¬
jured by a breach thereof: and it shall be the duty of the
said managers, within ninety days from the completion ufpri^to fopaid
the drawing of the said lottery, to pay to the fortunate per- »» 9 ^ <i»ys after
son or persons, or to his. her, or their order, all such pnzis thc dravyir *£*
as may be due agreeable to the scheme which they may
have determined upon, and published by them : 1 he said
lottery may be drawn in thc town of Huntsville, nr at such
other place as may be most expedient, giving due notice of
the time and place of sftcb drawing The said lodges may
appoint (wo or more persons fo superintend in conjunction
wiih two or more of the trustees for (he time being of thc
town of Huntsville, the drawing of said lottery, whose duty
it shall fie to see the same fairly and impartially conduct¬
ed ; each of the said managers and examiners, and eac h M*ncger< and
clerk that shall be employed^ shall before the dra wing com - to take an
irtences, take an oath to act fairly amt impartially* in the
discharge of his several duties, which oath maybe adminis¬
tered by any Justice of the Per.ce. If the said lottery, m any tottery to be
class thereof, be not drawn w ithin three years after the doiwn in three
scheme of the same may have been published, the same shall > tars *
cease, and the purchasers of tickets may demand and re¬
ceive of thc managers any money disbursed for tickets in

Silid lottery. _ Managers shad

Sec. 2 J3nd be it farther enacted , That the aforesaid report; to thc
managers shall report to the aforesaid lodges, within six Lodge*,
months after the passage of this act, and at all such times
thereafter, - as may be ordered by said lodges or either of
tirefti.the progress made in the sale of tickets,or in thc draw ¬
ing of said lottery ; and it shall be their duty to pay over
all and any money, which may be raised in the manner
heretofore authori zed, to the order of said lodges, or to such
person ov persons as may be authorized b) said lodges to

[ 100 ]

receive the same, for the purpose of erecting amt famish*
log said Masonic Hall,

Lodge* mi? Sec. 3. And be it further enacted , That the master of the
hold real ertate. Madison lodge and the master of the Alabama lodge, he,
and they are hereby, authorized by and with the consent
of the other officers of the said lodges, to acquire by pur¬
chase, or accept as a donation, an eligible lot or parcel of
ground, not exceeding four acres, on which to erect the said
Masonic Hall; and the title in and to said lot or parcel of
land, w ith all and singular its appurtenances, so obtained as
aforesaid, shall vest, and is hereby vested in the said mas¬
ters and other officers of the said Madison lodge and Alaba¬
ma lodge, and their successors in office, to the sole use, ben¬
efit, and behoof, of the said lodges.

(Signed) JAMES DEL LET,

Speaker of the House of Representatives*

THOMAS BIBB,

President of the Senate,

Approved —December 13, 1819.

(Signed) WM. W. BIBB.

An e.et to incoTpoxote avu\ te\l-

g\ou% societies of ever} Aenomiuation
to \\o\d real estate.

Section. 1, Be it marled by the Senate and House of Re~
presentatives of the State of Alabama, in General Assembly
convened , That it shall be lawful for all persons who are,
or hereafter may be, members of any religious denomina¬
tion, to associate themselves into societies or churches, as¬
sume such name as they may think proper, and to adopt
articles for their government, not inconsistent with the
laws and constitution of this State: any of which churches
may appoint deacons, class-leaders, elders, or trustees, at
the pleasure of such church, to distinguish them, and may
enter of record in their church book such articles of gov¬
ernment, and the names of such leaders or trustees; which
church may cause such articles of government, with the
names of their leaders or trustees, to be recorded in the of¬
fice of the Clerk of the county court; Whereupon, such
church is hereby declared to be a body corporate, and shall
be capable of purchasing, receiving, and holding, by such
leaders or trustees, lands not exceeding in quantity fifteen
acres, togctiier with the appurtenances thereto belonging,
which church shall have, enjoy, and enforce all the lights,
privileges and powers of any other body corporate, in and
^ver the lands and tenements aforesaid, for the harmoni-

t Ml }

oug and public worship of Almighty God: Which lands and
tenements shall descend in perpetuity, to the use of such
church and their religious successors, for the purpose afore¬
said: Provided always, That when any church aforesaid, Provfco
shall he disposed to change the site for their meeting house*
such church, by their trustees, shall have power to sell and
convey the same, and to purchase and receive titles for
lands elsewhere, not exceeding fifteen acres.

(feigned) JAMES DELLET,

Speaker of the House of Representatives,
THOMAS BIBB,

President of the Senate.

Appro ved~-~Deoember 17, 1819.

(Signed) WM. W. BIBB*

An act far ftie cnctmTagcment ot killing
and destroying ot W oYves aivA i' anther a.

Section 1. Be il enacted by the Senate and House of Repre-
untatives of the State of Alabama , in General Assembly con- %voN< ^ &
vened , That every person, who shall kill any wolf of paii-theis,
tlier in this State, shall receive three dollars for every wolf
or panther he shall kill, not exceeding six months old, ami
for every wolf or panther over the age of six months, five
dollars*

Sec. 2. Be it further enacted. That any person claiming . M ^ c of
the benefit of this act, shall produce before some Justice of tmg oun,y ‘
the peace, (for the county in which such wolf or panther
was killed,) the scalp thereof, both ears shall be taken eft*
with the scalp : And said Justice shall administer to such
person the following oath, to wit:—A ou do solemnly Oath.

<» swear, or affirm, as the case may he, that the scalp or
f( scalps, now produced by you, are the scalp or scalps of
*< the wolves, or panthers, that you, or some one of your
« family, have killed in this county, to tu« best of your

knowledge and belief, and that you or they did not take
« this wolf, or panther, in any other county, and bring the
« same into this county, either directly or indirectly, and
“ that the person producing the scalp, or scalps, from the
« best of his judgment, does believe, that the same is un»

“ der, or over, six months old, as the case may be.” And
said Justice shall grant to such killer, a certificate stating
his name, that he has krllod a wolf, or panther, as the case
may be, and that the same is under, or over, the age of six
months, ami that the killer of such has taken the oath re¬
quired by this act, he shall also name the county in said
certificate.

[ 102 }

Sec S Be if further enacted. That every Justice of the
Peace, before whom any such scalps as above mentioned
shall be produced, shall destroy the same forthwith, alter
granting the certificate m required by this act

Se«\ 4 And be tt further enacted* That any person hold¬
ing a certificate under tins act, who shall produce to the
county treasurer the same, he shall he entitled to the full
amount specified in such certificate.

^Signed) JAMES DELLET*

Spc alter of the House of Representatives.

THOMAS BIBB,

President of the Senate .

Approved—Decomber 16, 1819.

(Signed) WM. W. BIBB.

An act for estftbWshmg VUe^evmftnent seat
of justice in Ca\itwvba county.

Section 1 Be it emeted by the Senate and Home of Rep-
Cemmiwoners resentutives of the State of Alabama , in General Assembly
to »r elected, convened. That an election shall be Holden at the falls of
Cahawba, and at the house of Noah B. Coker, on the first
Monday in March next, for the purpose of electing five

Tkcis wers c° m missioners. who* or a majority of them, shall have pow-
cu powers, ^ t(J (in a suitable place for the seat of justice in said

county, which shall be as fiear the centre as an eligible sit¬
uation can be found ami procured, at which election, ad
free white male inhabitants, above the age of twenty-one
} ears, and residents of said county, shall be entitled to
vote: and said election shall be opened at the hour of ten
o'clock, and close at four of the same day, by the Sheriff’ or
other proper officer, under the inspection of Judges, ap¬
pointed in the same manner required by law for the elec¬
tion of Representatives.

Mar pare haw a Sec. 2. Be it further enarfeil , That the commissioners,
aito. elected in pursuance of the foregoing section, or a majority

of them, shall have power to contract for, and receive in
behalf of said county of CahawHa, a good and sufficient ti¬
tle to riot exceeding eighty acres of land, at the place so
fixed on for the seat of justice, for the purpose of erecting
thereon, a court house, jail, pillory, and stocks, lor the use
of said county.

M ronmtt Sec. 3. And be it further enacted. That the sAid commis-
f©c feaddiogs sioners, or a ma jority of them, shall have power to contract
for, direct, and superintend, the building a court house and
jaij, of such description and dimensions as they shall agree
upon, with tba approbation of the county court of said coun-

C 103 "

ty: Provided, said commissioners, or a majority of them, Proviso
shall advertise tor thirty days* at least, in the Gahawba
Press, and at three or more public places in said county,,
the time and place of letting said buildings, or either of
them, and shall contract for the erection thereof, with the
lowest bidder, who shall enter into bond with sufficient se¬
curity, for the performance of his contract.

Sec 4, And he it further enacted , That the said commis- M*y ft* a tem-
sioners arc authorized to fix on a temporary seat of justice, v ora nr -cat oi
within four miles of the centre of said county, where iheJ ust,ce ‘
courts in and for said county shall be holden, until a per¬
manent seat of justice shall be fixed on.

Sec 5, And be it further enacted , That the said commis- compensation
siottcis shall be entitled to receive, each, three dollars per
day, as a compensation for their services: Provided , That
such sum shidl not exceed fifteen dollars each, to be paid
out of any monies in the county tre asury, Tiot otherwise ap¬
propriated.

See. 6 And be it further enacted , That the Falls of Ca- Fails of Cahaw-
hawba shall be the seat-of justice in said county, until the ba the pmeat
commissioners, elec ed in pursuance of the first section of 8tat0
this act, shall report to the county court, that the tempora¬
ry or permanent seat is ready for the accommodation of the
courts

Sec. 7, And be it further enacted , That the commission- commissioner*
era appointed by virtue of this act* before they enter upontetake aa oath
their duties, shall take an oath, before some Justice of the
Peace, to discharge with impartiality their duties of com¬
missioners, having a due regard to the interest ol each sec¬
tion of the county.

(Signed) JAMES DEULET,

Speaker of the House of Representatives*

THOMAS BIBB,

President of the Senate .

Approved—December If, 1819.

(Signed)

WM. W. BIBB.

an net for file relief of t\ie assessor, tax.
collector, ami those \s\io are in avvear-
ages for taxes, in \.andevdate county,
for the year IS 19.

Section l. Be it enacted tnj the Senate and House of
Representatives of the State of Alabama, in General Assembly airc4t ,

convened. That, the collector of taxes for the county ol Lau- oflS>9
dordale, for the year eighteen hundred and twenty, be au¬
thorized, and he is hereby empowered and required, to col-

[ 104 3

toct the balance of the taxes due from said county to this
State, for the year eighteen hundred and nineteen, and
make return of the same to the proper officer of the State,
at the time required by law, for the return of taxes in the
year eighteen hundred and twenty,
prf^rty «©t Sec. 2 . And be it further enacted , That it shall be the
-n t |j e ^ ax collector of Lauderdale county, for the year

colltctor by Cor eighteen hundred and twenty, to ascertain as near as pos-
4^10 sible, all the property in said county, subject to taxation,

and not assessed in the year eighteen hundred and nine¬
teen, and require the owners thereof to give in the same,
on oath, to him the said collector, who shall assess the
same, in the same manner, and under the same regulations,
as property was assessed in eighteen hundred and nineteen:
And all those who shall comply with the provisions of this
act, shall be exempt from a double tax; but those who re¬
fuse to give in and pay, as in this act is required, shall pay
a double tax.

(Signed) JAMES DELLET,

Speaker of the House of Representatives,
THOMAS B1I1B,

President of the Senate ,

Approved—December 3,1819.
(Signed)

WM. W. BIBB.

An tvcl to YccM&e fox the estabVishment of
the fteat of Justice in the Count's of
Vxnnkiin.

Section 1. Be it enacted by the Senate and Home of Hep-
C.mmiwiow 'restntatives of the State <f Alabama, in General Assembly
ta “** 1 emvene d, That there shall be an election in the county of

Franklin by the qualified elector's thereof, at New Russcl-
viile and the Big Spring, on the fourth Monday and lues-
day in January next, for the purpose of electing five com¬
missioners, who, or a majority of them, shall have power to
select the most suitable place within three miles of the cen¬
tre of said county for the seat of justice therein, and said
election shall be opened and held in conformity with the

Fewer*

mi«twAcr$ a

laws of this state, ^

See, 2. And be it further enacted, That the commission-
era when elected, or a majority of them, shall have power to
contract for, or receive by donation, not more than forty,
nor less than three acres of land, in behalf of said county,
and receive a good and sufficient title to the same, att is
place uq selected for the seat of justice* for the purpose of

t 105 ]

erecting thereon a court house and other public buildings,
for the use of said county.

Sec 3. And b$ it further enacted. That it shall be the Th*ir dutks.
duty of said commissioners* to contract for and superintend
the building a court house ami other public buildings, of
such dimensions as they shall agree upon with approbation
of the county court of said county : Prov ided, that public
notice shall be given by said commissioners, for at least
thirty days, in the Alabama Republican, and at three or
more publfc places in said county, of the time and place of
contracting for the erec tion of said buildings or cither of
them, and shall contract for the erection thereof with the
lowest bidder, who shall enter into bond with good andsuf*

Kicient security for the performance of his contract

Sec, 4. And be ii further enacted , That for the purpose County count#
of defraying the expenses to be incurred by this act, the l*y»t**,
county court of said county, be. and they are hereby, au~
themed anti required to lay a lax. not exceeding one fourth
the amount of the state tax, on the persons and property of
the inhabitants of said county, liable to taxation as in other

cases.

Sec. 5. And be it further enacted , That before the com* Cftfiiaifafonert
missioners by this act appointed, enter upon the duties as - ta takc o&th.
signed them, they shall respectively, before some Judge of
the inferior court of said county, take and subscribe the

following oath : “ i-- do solemnly swear, that I

will select and finally fix on the site for the public buildings
for the county of Franklin, pursuant to this act foregoing,
according to my best judgment, with impartiality to man
or place, or any other consideration whatsoever* other than
the common good and equal rights and interests of the citi¬
zens of said county generally. So help me God ”

Bee 6 And be it further enacted , That the said commission- Ommwrtnen
ers, so elected and qualified, so soon as they, or a majori* re P or **

ty of them, shall have performed the duties in this act as¬
signed them, shall in writing, make a report of all their
proceedings under this act,to the county court of r rankling
the clerk of which court shall place the same of record in
hi office; and the site, so fixed on and reported by the
said commissioners, shall be the permanent seat of justice
for said county of Franklin, and this law shall be m torce

from the day of enactment ^

(Signed) .TAMES DBLLET,

Sneaker of the House of Representative*.
* THOM as BIBB.

President of the Senate.

Approved—November 22, 1819.
(Signed)

WM. W. BIBB.

O

Cornmuskmars
«*»■ b< elected

UkGorparated

PO’^erHof'com-

ituuitnm.

M?y pass fey

[ 106 ]

An net to incorporate ihe toNvn of Toska-

\oosa.

Section L Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened. That an election shall be held at the court house
In the town of Tuskaloosa, on the first Tuesday of January,
in each and every year, to commence at eleven o’clock in
the forenoon, ami continue two hours thereafter; at which
ejection, each and every free white male of the age of twen¬
ty one years, residing on the fraction of land, known as
the south fraction of section number twenty two, town¬
ship number twenty one, and range number ten west, and
in the northern division of public lands m this state, shall
be entitled to choose by ballot and majority of votes, seven
householders residing on said fraction of land, to act as
commissioners of said town of Tuskaloosa, for fhe term of
one year after such election : arid the said commissioners,
so elected, shall on the succeeding day, after such election
in each year, meet and elect by ballot, from their own num¬
ber, a President, also such other town officers as they mav
think best, but not from among themselves ; and the said
commissioners, kc. shall be, and they arc hereby constitu¬
ted a body corporate, by the name and style of The, Presi¬
dent, commissioners, <yc of the town of Tuskaloosa , and by
that name, they and their successors in office, shall he ca¬
pable in law, of suing and being sued, of pleading and be¬
ing impleaded, in alt manner of suits or actions, either in
law or equity, and also of doing all acts that are incident to
towns corporate.

• Bee. 2, And be it further enacted , That the said President
shall preside and keep under, at ail meetings of the said
commissioners; but if he be absent or incapable, any other
member may be called to the chair, and perform the duties
enjoined on the President; any thrpe of said commission¬
ers shall constitute a quorum to do business, when no more
can be had : they shall have authority to raise sqch sum or
sums of money, as they shall think necessary, for the good
regulation of said town ; which sum or sums shall not be
assessed on each householder, at a higher rate than twelve
and one half cents, nor more on each free male citizen be>
tween the ages of twenty oneand forty five years* nor more on
each slave, according to the regulations established by said
President and commissioners : they may also remove nui¬
sances, tax shows and exhibitions for pay, and such pro¬
perty as is usual for corporate towns to tax.

Sec. 3. And be it further enacted , That the said Presi-

* dent and commissioners shall meet on their own adjourn¬
ments, and have power from time to time, and at all times.

* l07 J

to make such by-laws and regulations in writing, not in¬
consistent with the laws offhis state, or of the United States
as to them shall appear necessary for the order and good
government of said town, and the same to put in exec ution,
revoke, or alter, as they may think expedient; Provided #
that this act and any of the by-laws may be repealed by
the general assembly.

Sec 4. And ht it further enacted, That the said President Take vf-.fvrhy
and commissioners shall have power to require such secu- ^
rity of their several town officers, to annex such fees of of¬
fice, impose such fines for neglect of duty,or misconduct in
the same, as to them may appear proper, and make, limit,
impose and levy, such reasonable hues and amercements,
in any one case, not exceeding fifty dollars, against and
upon all persons who shall offend against the by-laws and
regulations for the government of said town, and all such
fines and amercements to demand,take and levy,of the goods
and chattels of such offender, by warrant issued under the
hand and seal of the President for the time being, directed
to a constable, or such other officer as for that purpose may
be appointed, who is. hereby authorized and required to ex¬
ecute the same; which fines and amercements shall be paid
aver, as the said President and commissioners shall direct,
to be appropriated eo the use and benefit of the aforesaid
town of Tuskaloosa.

Sec. 5. Arid be it further enacted , That the President
and commissioners in office, on the first Tuesday of Janua¬
ry ineachand every year,shall remain and continue in office,
until successors be duly elected : and it shall he the duty
of the President or any number of commissioners remain¬
ing in office, to preside at the annual elec tion, and declare
the persons duly elected at any such election: and when, on
counting the ballots, there shall appear to bean equal num¬
ber for two or more persons, it shall be the duty of the
President or commissioners presiding at such election, to
declare which of the said persons he duly elected ; and in
case the whole number of commissioners, authorized to be
elected on the first Tuesday in January, of each and every
year, shall not then be elected, the said commissioners so
remaining in office, shall appoint another day, by public
notice given in said town, at least one week previous there¬
to, for'holding an election for commissioners or any num¬
ber thereof, who may not have been duly elected on the said

Fr^tidrnf & c «
to continue
office until r»o*
cworsarc tkc*
ted.

first Tuesday in January.

gee. 6. And be it further enacted. That in case of the Vacancies bow
death, resignation or removal from town, of any of tbe&kd*
commissioners, the President for the time being, shall call
a meeting of the persons entitled to vote by this act for
commissioners, by advertising the same, at least, in two

[ 108 ]

public places In said town, one week previous thereto, wbe
shall by ballot proceed to supply the vacancy.

Ferv>n* fined Sec. 7. Jhut be it further enacted , Thnt if any person
may appeal* or persons fe<il him, her, or themselves aggrieved by any
decision of the President and commissioners of said town,
he,she, oi they, shall be entitled to an appeal, in the same
manner, ulider the same regulations, and to the same au¬
thority,that he, she, or they,would he entitled to, if the de¬
cision had bean made by a Justice of tin* Peace
^Signed) * JAMES DEI LET.

Speaker of the, ftonne of Hep re sen la tires.

"THOMAS BIBB.

President of the Senate.

Approved—December 13, IS 19.

(Signed) WM. \V. BIBB.

an act to extend the Cor^oTation of Uve
to'Vfn of VLuutsvVUe, \u MadUou cuuntj.

Section l. Be it enacted fttj the Senate ami House of Rep¬
resentativet of the State of Mabama, in General Assembly
convened. That die Corporal ion of the town of Burnsville
shall extend one quarter of a mile from each .side »l the
public square in said town, and be under the saint itilis.
regulations, and restrictions, as are pointed out in tin act
incorporating the town of Huntsville w hich Corporation
shall not affect the persons or property of I Immas and
William Brandon, who reside within the limits ot said

Corporation^ JAMES DEL1.ET,

Sneaker of the House of Representatives*
THOMAS BIBB,

President of the Senate .

Approved—Dec 17, 1819.
(Signed)

WM. W. BIBB.

>Yu,

T

x

T

[ 109 ]

ftloncrs are authorized to associate with the Commission¬
ers oow in appointment, and to do all arts which said ori¬
ginal Commissioners are, bv law, authorized to do.
tSigned) MMES DELLBT.

Speaker of the House of Representatives,
THOMAS 'BIBB.

President oj the Senate,
Approved—December 16th, 1819,

(Signed) WM. W. BIBB.

An act to \ncov^ovato VY\e toNvn of Coffee-
\ Wte in t\ic eount'j olCtarkc

Section 1 He it enacted by ike Senate and House of Rep¬
resentatives of the Stale of Alabama* in General Assembly
convene'.!, f hat the town of OdFveviUe in Clarke county,be,
and the same is hereby, established and incorporated,in-
eluding the south west quarter of section nine, in township
nine, range one, west of the basis meridian

Sec 3. And be it further enacted , That hereafter, theT\ 0 *t#w to be
landholders, freeholders, and householders, within thec^ct«d.
town uf CoftVeviiie, on the second Monday in March next,
and on that day in each succeeding year, shall hold an e-
leefton, to commence at leu o’clock in the morning, and
dose at three in the evening, for the purpose of electing by
ballot, five persons, inhabitants of said town, to act as trus¬
tees thereof, a majority of whom shall constitute a quorum
to do business, also a town constable, assessor, collector,
ami treasurer, to serve for one year.

Sec 3 And. be it further endctcd, That every free white who riwy volt,
male, of the age of twenty one years and upwards, and
who was a resident of said town on {tie firs! day of January
preceding the day of election for trustees, shall he entitled
to vote for said trustees

Sec. 4 And be it farther enacted , That the said trustees Powor , oP|rw-
and other officers so elected, shall proceed in the same man- te<l ,
ner, possess the same powers, and be subject, to the same
restrictions, as are provided by law, for the government of
the trustees and other oilicers of the town of St. Stephens.

(Signed) JAMES DELLfT,

Sneaker of the House of Representatives ,

THOMAS BIBB,

President of the Senate ,

Approved—November 33* 1S19.

(Signed)

WM. W. BIBB

[ no ;

An act to incoTfOTato the to'wn of Mont¬
gomery in tVve county of Alontgonvery.

Section l. Be it enacted bij the Senate and House of Rep¬
resentatives of the State of Alabama , in General Assembly
woo^Montt convenei t* That all that tract of land situate on the cast
gomerj. bank of the Alabama river, of the following 1 description,
viz : Fraction number twelve, township sixteen, range
seventeen, south-east and south-west quarters of section
number seven, township sixteen, range eighteen, ini hiding
all that part of the river lying opposite to said feat lion,
within sixty yards of its margin, in the county of Mont¬
gomery, is hereby incorporated, and shall be railed and
known by the name of the Town of Montgomery.

Councillor* to Sec. *2. Ami be it further enacted* That on the iiiVi Mor. -
be elected. day of January next, and in each and every w ac-tin real¬
tor on the same day, an election by ballot for seven t 'ous¬
el Hors shall be held, at some convenient am! public place in
said town, w ho shall serve for the U -1 m of one year after
they shall have been elected: the first election shall be
conducted and managed by Andrew Dexter, Jonathan C
Farley, Waller B Lucas, Ehenezer l) Washburn: and ail
subsequent elections shall be conducted by two of the coun¬
cillors to he appointed by the hoard for that purpose : am!
Councillors to (} ie sa pi councillors so clerk'd, shall, on the next day aficr

■sleet an Intend-
ant.

such election, in each and overy year, meet and elect by a.
majority of voles, from their own body, anJntendant, who- e
duty it shall be to preside and keep order at all meetings of
the said councillors ; and in his absence or incapacity, ve-y
other member may be called to the chair : and the said
councillors shall be, and they are hereby constituted a body
Styltf of corpo» corporate, by the name and style of The Intend ant and
radon. Council of ike Town of Montgomery , ami by that name they

and their successors in office shall be capable in law of su¬
ing and being sued, of pleading and being impleaded, in all
manner of suits either in law or equity, also to have and
keep a common seal, and the same to break, alter and a-
mend at pleasure, and in general to do all acts which arc
incident to bodies corporate, and to purchase, hoid.^ and
dispose of, for the: benefit of said town, real, personal, or
mixed property, to the amount of ten thousand dollars.

Sec. 3. And he it further enacted, That the said CJnrpo-
Corporatlen | ;> u shall Jj ik ve power to pass by-laws and ordinances,
iftay pass y jncccssa ,.y < ^o preserve the health of said town, to prevent
and remove nuisances, to establish night watches and pa¬
trols, to establish, alter and ascertain new streets and al¬
leys, with the consent of the proprietors of lots or houses
adjoining such streets and alleys, to provide for licensing,
taxing, regulating and restraining theatrical arf>*xse*»wrns

[ HI J

ami shows in their said town, to. dear and keep in repair
the streets arid alleys,to have a general control and superin¬
tendence over the springs and wells of said town, to estab-
S?sh necessary inspections, to eject arid regidato markets
anti the assize of bread, to regulate the conveyance of wa¬
ter from the vicinity into the town, in general to pass such
bve-laws, not contrary to the constitution of lids State and
tlaws thereof, as the said corporation shall from time to
time deem expedient and necessary to carry info effect the
intent and meaning of this act, and the same to put in exe¬
cution, to revoke and to alter as the said corporation shall
dei nt expedient; the said corporation shall also have power
to appoint a Treasurer, Assessor, Collector ami Constable, To appoints
and such other subordinate officers as they may think no- JoVxoITc^icc*
cehsary, and by ordinance to require such security irora {0ft
the several officers so appointed, to annex such fees to the
several offices, to impose such fines for neglect of duty in
ollic e not exceeding fifty dollars, as they shall deem neces¬
sary. They are hereby also empowered to lay such fine or
fines, not exceeding ten dollars, for a breach or breaches of
their by-laws, as they may deem proper; and all fines by
them imposed, shall be sued for in the name of the corpora¬
tion, before any justice of the peace, and the money so re¬
covered shah he paid to the treasurer, for the benefitol said
town: Provided, That this act, and all the by-laws and or-Proviso,
dinances of the said corporation, shall at all times be sub*
p el to revision or repeal by the General Assembly.

Sec. 4. Jhid he it further enacted, That the said corpora¬
tion Sua! 1 have power and authority, annually, to levy and mj ,y
assess a tax, not exceeding one per centum, upon the value
of'all the real property in said town, to be assessed by the
assessor, according to such regulations as they may deem
necessary ami proper: they shall also have power to lay
and collect a poll tax not exceeding three dollars, on each
white male inhabitant in said town abovetheage of twenty-
ore years; Provided, he shall have resided within said
town three months immediately preceding the time the tax
shall have been laid : they shall have power also to lay and
collect a tax on ail four-wheeled carriages; also on carts,
waggons, d rays, o r other vehicles for transportation, which
are employed in transporting for pay or compensation, any
article whatsoever from one place to another within the lim¬
its of said town ; and also on all retailers of spirituous li¬
quors. goods, w ares, arid merchandizes* or either oi them,

not exceeding ten dollars per annum.

Sec. 5. Jnd he it further enacted, That should the sunt Manner of in*
or sums, so assessed*and collected, be deemed by said cor- creasing e«*
potation, insufficient for the .supply ot s**.id town, the Inten-
dant thereof is hereby authorized, by and with the advice
ot tw o of said councillors; to call a meeting of the inhabit-

I m ]

ants of the said town, qualified to -vote as aforesaid, by
giving five days previous notice thereof, and ^]w*ed*nrvg
the object of said meeting, and the said inhabitants shall
have power by a majority of votes, to order such fur¬
ther sum or sums to be raised as may be deemed ex
pedient to be assessed, collected, ami paid, as the said
coporation shall direct.

Vacancies, Ho* Sec 0 And be it further enacted, That when vacancies
shall happen in the board of councillors, by death, resig¬
nation, or otherwise, such vacancy shall be Idled by the
board, ami the member or members so added, steal! contin¬

ue in office until the succeeding ?unual election

Ami he it further enacted* Thai

Ann- au i m* (I-, v jjxed on for the

should i he e!<

Condition to A . fc '~* 1 r .— ..' '

corfittiie .u ^*1 lions not, t.tke p*«l( r onthe. day

Act instil me- tion of council!ors, t lie lioa* <l shall not lor that cause be d.*s-

ce*®°r« ar< solved, but the incumbents shall remain in office, unlit their

successors are elected • and it shall be the* duly ot the board

tttd

to fix some other day as early as convenient within one
month thereafter, on which day, two of the councillors
shall attend, and hold an election for councillors
Clerk to be ap- Sec. 8 And be it further enacted , That the said inten-
p*inicd dant and council shall appoint a clerk, whose duty tl shall

be to keep a fair record of their proceedings, and to pub¬
lish the same, and all laws and ordinances, in some pub
lie newspaper, or at three several public places in said

Intent!art See to
take an oath

Who may ▼ote

town

$ec 9 And be it further evaded , That the intcmlant
ajid councillors first appointed, and their successors in
office, sbaH, severally, before they enter on the duties
thereof, take an oath before some person qualified to ad¬
minister the same, that they will faUhlully discharge tho
duties to tin mi committed, without favour, affection, or
pnrtifttitv . a certificate of which oath shall be hied With
the elerk of the board of councillors

Sec. 10 And be it further enacted. That ail white mate
persons above the age of twenty one years, who shall
hrne resided within'the limits of said town three months
immediately preceding an election tur councillors, and al
landholders and householders therein,shall be deemed qual¬

ified electors at such election.

Sec 11 And be it farther enacted , That each and every
Councillor* to w ho mav be elected a councillor for said town shall,

^ a Justice of the Peace within the limits of the

same.

(Signed)

JAMES DRLLET,
Speaker of the Hawse of Hepr es&idatives*
THOMAS BIBB,

President cf the Senate.

Approved—Bee. 3, 1819.
(Signed)

WM. W. BIBB.

[ n * 3

An Ad \o establish the to’wn of ftomm.tr-
ville, in the. county of Cotaco.

Sfxtion 1. Be it rnacUd by the Senate and House of Rep¬
resentatives of the State of Alabama . in General Assembly
convened. That the town of SommerYiile, in the county of
Cot aco. he, and the same i% hereby eBtabli&fred, as thfc per¬
manent seat of justice in said county.

Sec. 2, Be it further enacted. That there shall he an Tnu*e»r»fee
election hidden at the court house ine&id town, on the first elected.
Tuesday in January next, and on that dny m each and ev¬
ery vh a?* thereafter, to commence at the hour of ten o’clock
in ihe forenoon, and be kopt open until the hour of four in
the afternoon, for the purpose of electing five persona, in¬
habitants of said town, to act as trustees thereof: a majo¬
rity of whom aliall constitute a quorum to do business;—
ami the said trustees shall elect from their own body, a Pre¬
sident, who ehall preside and keep order at their meetings;
they shall also appoint a constable, assessor, collector, and
treasurer, who shall serve for one year.

Sec. 3. And be U further enacted , That every free white Wh(t votc *
male person of the age of twenty-one years, who may have
resided in said town for thre* months nett preceding the
election for trustees, or who may bo a freeholder in said
town, shall be entitled to vote at such election.

Sec. 4. Anil be it further enacted , That all elections for Election how
trustees shall be conducted by a Justice of the Quorum or con< * uctai *
Peace, and two freeholders, inhabitant* of .said town.

Sec. 5. And be iifurther enacted , That tho *aid trustees, i(

when elected, shall be, and they hereby are, incorporated, ^ orat#a
with all the powers and privileges, and subject lo the *ame
regulations and restrictions, as are by law prescribed for
the incorporation and government of ih© town of Moufgo-
»uery, in the county of Montgomery.
fSignwl) JAMEs

Speaker of the House of Jlepresentalivt*.

V THOMAS BIBB,

President «- r the Senate.

tints

Approved-

-December 3, 1819.
(Signed)

WM. W. BIBB.

An act to establish t\\e Tovm of Trmno,
and vncoc^oxatc its trustees.

, Be it enacted by the Senate and House of
Representative* of the State of Maharm^n General JmsUjf

;; 114 ]

tanvenah That the loWn of Triana, in Madison rounty,l>c
and the same is hereby established and incor'porated, with
tiir-Hfi, in the following boundaries, to wit. Beginning at tin* east

bank of Indian Creek, al its m oult, and running up said
bank To a [Hunt opposite the mouth of the Barren fork <d
said creek; thence west, to the western boundary line of
fear ({on twenty twoi range two, township live, west; tlienee
south with said line, tu the Tennessee river ; thence south,
to a pis r « in said river, fifty yards from its bank at low wa¬
ter mark ; thence, running parallel will* roe bank of said
river, to a point opposite the place of beginning.

Sec, 2. Be it further enacted* That ail free white main

for^ h ixtmec» VOte inhabitants of said town, above the age of twt aty .one y eai-s,
*' ,r &rasvt hereby authorized to vote for five neri «»ns residing in

the town limits, as trustees of the corporation, who are em*
Thcir powers, powered to superintend the police of said town, by passing
such by-laws, not contrary to the laws of the United States
or of this State, as they may think proper, for the go\ em ¬
inent of said town, and for the suppression and removal of
nuisances, laying off and repairing the streets and ways,
and clearing out such parts of the above mentioned water¬
courses as may lie within the above mentioned boundaries.
M*y MMtftiixn Sec. S. Toe said trustees, or a majority of them, ar«
hereby authorized to assess such taxes, on ail property ly¬
ing within the limits of said town, as they may think pro¬
per, for all the purposes of a proper police. Said assess¬
ment of taxes, not to exceed one hundred dollars per a:r-

jium.

Appmnt con- £ ea 4< There shall be a constable appointed w ithin tne
tables. limits of said town, whose duty it shall be, to collect the a-

foresaid taxes, and to whom the taxes aforesaid shall be
given in upon oath and the said constable shad receive
such per centum, as is received by tax collectors in similar

cases.

EI«cti.Oi wheo See. 5. T!* election for tw«*«s shall be hei,l on the

held. first Monday in December next, and forever theivattei on

the, same dav in each succeeding year, from ten o clot*c
until live in the afternoon, under* the direction ol any two
■justices of the |K?ace and a constable, in such place in said
town as said justices ot the peace may appoint.

(Signed) JAMES DELLET,

Speaker of the Bouse of Representatives*

THOMAS BIBB,

President of the Senate.

Approved-—November 13, 1819.

(Signed)

WM. W. BIBB.

f H5 }

An act to establish and incocTjocntc VhC
low not ttus&clvillt, in tbe county of

VcankVvn.

Section, 1. lie it enncUd hit the ft male and House of Tie*
presi’.ntaiives of the Slatt- of Jflabanin , in General Jmmhly
tonvatfd. Thai the town of ItusselvUle in the county of
Franklin hv t *m! the same is hereby established in conform¬
ity with tiie plan adopted by the trustees of the aforesaid
town.

Bee. •>. Jed he it further enacted , That Outre shall he Election of «tt»-
holden in the said town of KttsselviUe, nn election, oh the tC£:s ** ***
first Monday in January next, and on that day in each
and every year, from the hour of ten oh lock, m the fore-
moon, until the hum* of four in the afternoon, for the pur¬
pose <-f electing live persons, inhabitants of the town, to act
as trustees thereof, a majority of whom shall constitute a
quorum to do business * also a Town Constable, Assessor,

Collector and Tre&surer, to serve for one year : Provided , Pfot > on t ub>L
that this art and any of the by-laws, may, at any time, be jesting ta n>
repealed by tiie General Assembly'. P®* 1 *

Sec,. 3. Jud he it further enacted , That every free white
male of full age, who has resided in the town of Russelviiie bow^fectod^
three, months previous to the election of the trustees, shall
be entitled to vote (dr said trustees.

Sec. 4. Jnd be it further enacted. That the said trustees Procedure,***,
am? other officers so elected, shall proceed in the same' 0 ** a* in 3s.
manner, possess the same powers, '^rui be subject to the tcJ> eBt *
Mime restrictions, as are provided by law for the govern¬
ment of the trustees and other oilicers cf the town of St
Si on lions

(Signed) JAMES DELLET,

Speaker of the House of Representatives,

THOMAS BIBB,

President of the Senate.

Approved—November 27tb> 1819.

(Signed) WM. W. BIBB.

An act to incagocate the t<mn of iSIoulton
In tke county of I.a’cjEcncc.

Section 1. Be it enacted by the Senate and Haute vf Repre- c.mmhsoMn
tentative* of the State of Alabama, in General Assembly cot- bTJ
vened, That the freeholders, landholders, and householders u<tcd
oftho town of Moulton, shall, on the second Monday in

[ 11 6 i

March next, anil in e*vch ami every year therm Her. in said
town* hold an flection, t© commence »t ten o'd* < k, A. M.
and close at fisc o'clock, P. M. and tlun ami thn r vie*, t by
ballot, five Co/mnksioners, a majority of whom thali con-
stitute a quorum to Jo husinrsa : also, aTfu^ivt-r, Asses¬
sor, Collector, nod Cmiviable, to serf** Tor the term »f one
year ; and the said commissioners, no elected. shall. on the
next day after ouch election, in each and evny war, meet
and elect one person fiom r own body as lYrsidv.'ds
whose duty >t shall he to preside and keep order at all
meetings of the said eomvimsioners : and \ b mid commis¬
sioners shall he, and they arc hereby consi.itmod a body
ltvl< fc - < e ^corporate, by the name and style of The President hmf <\u>:-
«tien. mt.\iiorurs of the Town of Mo 'Man* aad by tb-u M-»mr they

and their fiueressors in office shall be capable in law of su¬
ing and being mied. implead and being impleaded, in all
manner of suits and actions, either in l aw or rquky . and
also to do all acts which are incident to bodies c>rp>:
CommiMifrefr* Sec. 2. And be i f further enacted, Thai the said v«<;nmis ■
«* B y Uy t«u* sioner# shall have, power and anthority, tu raise such sum
or^umi of money as they may think necessary for the well
regulation of said town, which sum or sums shall be asses¬
sed on the landholders, freeholder s, and householders, and
also on ill billiard-tables and puppet-shows within the said
town', by the Assessor, according to the regulation.* to be
established by said presided and commisflionors, and shall
be collected by the Collector, at such time or times, and be
paid and disposed of iu such manner as the said commis¬
sioners shall direct: Provided, the whole amount of sorb
sum or sums shall no ; , in any one year, exceed twenty-five
rents on every hundred dollars worth of property subject
to taxation.

Sec. S. That the said commissioners shall meet on their
own adjournments, and shall have power from time to time,
—?»*« fcjr-kws. am j ftt ft j[ times hereafter, to make, such by-laws and regu¬
lations, not inconsistent with the Constitution and laws of
ths United Slates or of this State, ns to them shall appear
necessary for the good government of said town and the
same to put in execution, revoke, or alter, as to /hern shall
appear expedient: and the said president and commission¬
ers, appointed agreeable to the provisions of this act, are
hereby empowered to require good and sufficient bono with
security, from ths several oftieers herein intended to be
appointed, and to annex such fees to these several offices,

. * 4 as they may deem necessary, and impose such lines and

p penalties for neglect of duty, as may appear to them proper;

and to make, limit, and impose all fines and amercements,
npon those who may offend against the by-laws by them
made, not exceeding in any case the sum of fifty dollars ;
and all such fines and amercements to take, demand, and

L 11 7 )

levy, ot' the goods and chattel of such offender, hr warrant
issu* d under the hand and seal of the president, directed U»
the town constable, who is hereby authorized and requir¬
ed to execute the same; which fines and amercements bhail
he paid n>the treasurer. to be appropriated to the use and
benefit of the said town.

Sec. 4, Andbe ft further enacted , That the elections in- h«.v»

tended to be held as mentioned in ihia act, shall be conduct- f ® nU * ac ^
ed by a justice oi’the pence and two householders, in the
to,wn of Moulton.

(Signed) JAMES DELLET,

Speaker of the Haute of Hqtrcsentatives.

THOMAS BIBB,

President of the Senate

Approved—December 17 , 1819.

(Signed) MVM. W. BIBB.

An act to establish the seat of justice hi
t\\c county of Autauga,

Section l flr it enacted by the Senate and House of Rep¬
resentatives of the State of JUtbama, in, General Jsr-mbltf
tonvev.ed, Thai Robert Gaston, Z&ehanah Pope, Alsey Ccmniu^new
Pollard, Alexander R. Hutchinson, and Zaccheus Powell, ^ ? }fff tk x m hc
or a majority of them, he, end they are hereby appointed
commissioners, to fix on a site for the public buildings in
the county of Autauga; whirh site, when so fixed upon,
shall be and remain the permanent seat of justice for said
county ; and the aforesaid commissioners, or a majority of ^

them, be,.and (hey are hereby avihorieed so contract for,
and fiu peri nt end the budding oi a suitable Gouil-nouse,

Jail, f^nd Pillory, at such site. ^ ^

Sec. 2. And be it further e.nactta, Tlia? the comm lesion-—retake bond
ers aforesaid, be, and they are hereby authorized, to take forprrfriuiauc*
a bond or bonds with snfeoient security, payable to the
said commissioner's* for the use of the county, conditioned
for the faithful performance of the contract, from the per¬
son or persons contracting mr the building oi the said
court-house, ]ad. and pillory.

Srr o And be it further enacted, That the commission- ~ maT dr!,wor *
ere be* and they are hereby authorized to draw on urn cr
treasurer of the county oi Autauga, for sc*: h sum or stuns
of money* as may be requisite to carry into effect the ^ pro¬
visions of this set: and the county treasurer aiores^d*. is
hereby required to pay to the order of said commissioners,
duch sum or sums, as by them may he required for the pur¬
pose aforesaid.

I i? * J

— to tikg as Sec. 4. And be it further cnactcd 9 That the said com
** Ui ' missionors, before entering upon their duties as aforesaid,

shall take the following oath, or affirmation (as the * as®
mav be); ** That 1 will fix upon sue h site for the public
** buildings in the County of Autauga, as in toy judgment
<* 1 shall deem most eligible/*

Co*»i paomion Sec. 5. And be it further enacted. That; the treasurer of

said county he, ond he is hereby authorized and required,
to pay to each of the said commissioners, fifteen dollars,
each, for their services, out of any monies in the treasury
of said county of Autauga, not otherwise appropriated.

To pur chuc Sec. 6. And be it further enacted , That the said com-
la*d for & litt inissioners be, and they are hereby authorised, to pure has*
any quantity of laud, not exceeding forty acres, as in their
judgment they may deem proper whereon to fix the public
buildings of said countv.

•Signed; ' 3AMES DELLET*

Speaker of the House of Representative».

~ THOMAS BIBB,

President of the Ssnats.

Approved—November ‘2‘2d, 1819.

(Signed) WM. W. BIBB.

An nci Cot i\ve govetmueni o£ U\e tovfn o£

CaVv&Yrtja.

Section 1. Be it enacted by Ike Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened , That all that tract of land granted by congress to
JLimiuof tb« this state for the seat of government thereof, shall be deem-
fowo *d a ud taken to be within the limits of the town of Cahaw-

. _ba.

Election of g 2 £ ? */ further enacted , That on the first Monday

id January next, and on the first Monday in January m
every year thereafter,between the hours often o’clock in the
forenoon and four o’clock in the afternoon, an election by
ballot for seven councillors shall be held at some convenient
By whom diet- and public place in said town : and that all free white male
«a persons above the age of twenty ono years, who shall have

resided within the limits of said town three months imme¬
diately preceding such election, and all landholders and
householders therein, shall he entitled to vote for said coun¬
cillors; and when the poll shall be closed, the managers
iDtendiotbowof the election shall proclaim the result, and give notice
cksteri. thereof to thepersonsso elected : whereupon, the said coun¬
cillors shall meet and elect by ballot, from their own body
an Intendant, whose duty it shall be to preside aud preserve
order, et all meetings of the council.

f ]

Sec. 6 And be it further enacted , That Willis Roberts, L«-
(her Blake, ami Carlisle Humphreys, shall be, and they arc®'**
hereby appointed, managers of the first election : and the* 1
intendant for the time being shall appoint proper persons,
as managers of the elections to be held thereafter; and
when the said Intendant and councillors shall be elected,
as aforesaid, and before entering upon his or their office,
he or they shall respectively take the following oath, be lot a
some Justice of the Peace for the county of Dallas, as In-
teudant and councillors of the town of Cahawba, to wit:—

« 1-- will equally and impartially, to the best ofo*tb of •Met

u my skill and ability, exercise the trust reposed in me,

4i and will use my best endeavours, to carry into effect the
u purpose for which I have been appointed. So help me
« God”

Sec. 4. Beit further enacted , That in case of the death Vaciocics, h®w
of the Intendant, his resignation, removal from office, or fillci
absence from the State, the councillors shall thereupon fill
such vacancy; and in case of vacancy in the council, by
death or otherwise, the Intendant and council shall fill such
vacancy, until the o<*xt election : and in case the Intendant ~ , ir ucnt
or any of the council, whilst in ofiiec, shall be guilty of any# C unc»iUr»hew
wilful neglect, malpractice, or abuse, on information being pimi*htd
filed of the same in any court having cognizance thereof,
upon conviction thereof, shall forfeit ami pay a sum not
exceeding two hundred dollars, for every such wilful neg¬
lect, or malpractice or abuse; the money to be recovered
by the Solicitor for the circuit in which the town may be,
and lodged with the clerk of the circuit court of the county
of Dallas, for the use and benefit of the town. In case oft ho
absence or non-attendance of the Intendant, the town coun¬
cil shall be empowered to elect one to act in his room, on
any such occasion.

Sec. 5. Be it further enacted, Thai the said Intendant frrcm ’ art Ruy
shall anu may, as occasion may require, summon the mem- ^ &c
hers of the council to meet together, any four of whom with
the Intendant, may constitute a quorum to do business; and
they with the Intendant shall be known by the name of,
and are hereby declared to be, The town council of Cuhaw - Style
ba ; and they, and their successors hereafter to be elected,
shall have a common seal, and may purchase* have and arwmmo °
bold, possess, receive, enjoy, and retain, to them and their 5€t
successors in perpetuity, or for arty term of years, any es¬
tate or estates, real or personal, of what nature or kind so¬
ever, not exceeding in value ten thousand dollars, and mar
sell, alien, exchange, or lease the same, or any part there¬
of as they may think proper, and by the same name, sue
ami be sued, answer and be answered unto, implead or be
impleaded, in any court of law or equity within this State;
and they also shall have full power and authority to make

; ito j

and (Establish all Useh rules, by-laws, and ordinance* res*
petting the e tree ts * mar ice ts* buildings carriages, waggons
carts, drays, and police of said town* that shall appear to
them requisite ami necessary, far the security, welfare and
convenience of said town, or for preserving health, peiuv.

order and good government, within the same: nod the said
M*y effix fiae»»ov/n council may affix line* Cor offencey auaiuot ih«*ir by -
tor i.€<ntt$ Jaws, not exceeding fifty dollars for every such oJfcme, to
be recovered before any magistrate ; all which fines, w hen

recovered, shall be applied to the use of said lawn : am! the

Proviso

said town council may assess a tax on the inhabiUufe of
the. town, not exceoding on« third part of the amount of the
general tax which is paid for property within the limits of
the town : Provided, that nothing herein contained shall
authorize said town council, to make any by-laws, repug¬

nant to the, constitution and laws of tins Stair : rfnd prorvi -

Provijo ded also, that this act, and ail the by-law* ami ordinances
of the corporation* shall at al! times be subject to revision,
or repeal, by the General Assembly.

Councilior««haU Sec. fi. Jind be it further enacted. That the Ir.tcndant,

be ex officio ju*- an( j oac ^ anf ] every of the council, officio, shall be vest-
tas§ ed with all tho powers and authorities, that Justices of the

Peace uro vested with by the laws of this State, and
shall and may exercise the same within the limit* of
said town, under the same penalties and restrictions, to
which Justices of the Peace of this State are and shall be

subject and liable.

Th*ir nrocct?- Sec. 7, Jind be it further enacted* That in case of tumult
ore in «^e of or riot, or appearance or probability ot tumult or riot, m
lumalt, St, c. ^j )e gaid town, the intemlant shall inuficdlately summon to¬
gether the town council, and order the constable of the town
to attend the town council, and such measures shall there¬
upon be taken, as shall appear most advisable, for prevent¬
ing or suppressing such i iat or tumult: and if any town
constable shall neglect or refuse, to obey the order for at¬
tendance from the intend&nt, he shall forfeit a sum not ex¬
ceeding fifty dollars, for every such offence ; and any other
inhabitant refusing to obey the orders of the Intemlarit, for
the purpose of suppressing any riot or tumult, ho shall ior-
-ficit a sum not exceeding ten dollars, for every such refusal.
h!,7,« toT.a Sec. &. Be it further enacted, That the said town coun-
cil shall have full power and authority, from time to lime,
to commit to close prison m the jail of Dallas county, for
any time not exceeding three days, all such person or per¬
sons who shall incur any penalty And forfeitures, intended
to be inflicted by any of the by-laws of said corporation*
passed conformable to the powers vested in them by tin*
a rt

May appoint ~g ec g J?e it further enacted, Thatthclntendantftr.il
tova officer. CQUncil sh ., u hawe p0SVCI . to appoint an assessor, a treasu-

t 121 j

rrr, clerk, constable and ail other officers affixing the sala¬
ries and lees ol‘ bin h offices respectively*} as shall appear to
them requisite and accessary tor carrying into effectual exp¬
edition all the by-laws, rules, and ordinances, they may
make for the good order and government of the town,
which officers, when so appointed, shall be bound for thd
faithful discharge of their respective duties, in such man¬
ner as the council shall prescribe.

Sc<\ 10 fie it enacted, Thai the Intendant ami town Tah»v» t>nwco
council of Cahawha arc hereby declared to possess, ami flirts*''* pu
arc invested with all the powers and privileges, which the
county court may have, in respect to public roads, and are
hfn?bV empowered to enforce the same, in the limits of tho
town of Cahawha, ami m> further

Sec. 1 t. Hi it further tua$icd , That the said town cour*- May grant
cil filial! have and exercise, the privileges of granting li- win l, * cneM *
cense for retailing of spirituous and other liquors, and for
keeping billiard tables, in the said town of Cahawha.

^Signed) JAMES DELLE T,

Speaker of the House of Representative*.

THOMAS BIBB,

President of the Senate,

Approved—Decembers, IB 19,
(Signed)

WM W. BIBB.

An net to establisht\\o tavnv of Co\«t\anA
in haw rente cftnnly.

Section t. Beit enacted btf the Senate and House of Rep¬
resentatives fo the State of JHahama, in General Msembly
convened. That tiie town ot Gonrllainl in the county of
Lawrence, be anil the same is hereby established, in con¬
formity with the place adopted by the trustees of the
/i ,/ , T«TJ#tcc», treat-

Courtland company. eoiitcror,

See. 2 J}ud he it further enacicd t l imt there shall be 35!iefSor> & cc»~

holden in said town of Courtland, an election, on the fourth , u Ue to ht &
Friday of December next, and on that day in each and
©very year, from the hour of ten o’clock in the torenoou^
until the hour of four o’clock in the afternoon, for the pur¬
pose of electing five persons, inhabitants and lot holders of
said town, trustees thereof, a majority of whom shall at all
times constitute a quorum to do business; also a town irea-
surer, Assessor, Collector, and Town Constable, o 6C * V ® t ru*«e* to
for on© year: and the said Trustees shall meet on the day € j 100ftC *
next succeeding the term of election, and choose from ar dm.
moug themselves, a President, who shall preside keep
order at all meetings of said Tpiwcms: and the Prudent

Q

£ 122 1

of the trustees is hereby vested with all the powers, privi,
leges, and duties of a Justice of the Peace, within the cor-
KJerutm by purate limits of said town.

•how to b<r<oR Sec. 3 . And be il further enacted* That Robert B. Cair
1 * 3 % Thomas Woolridge, Ira Carlton, Benjamin Thomas,
and Gideon G. Williams, or a majority of them, are ap¬
pointed managers of Uie first election for officers of said
Town i and the Trustees that may he in office at all subse¬
quent elections, shall he the managers of the same. All
Who may vote, <»*ftcers of said Town shall continue to act, until their suc¬
cessor:* he duly elected and qualified : and all free white
male citizens of said Town, of the age of tw enty-one years
and upwards, who may have resided therein three months
next preceding any annual election, shall he deemed a
Trustees. «cr. to qualified elector to vole lor officers of said town,
tike so oath. See. 4 . Aiid be it further enacted, That the Trustees and
other officers elected for the government of said Town,
shall sevcralh% take an oath, faithfully and imjxirtially to
The»r powcri# discharge the duties of their respective offices,, so long as they
contimie in the same : and the said Trustees and other offi¬
cers oftiie Town of Courtiand, shall proceed in the same
manner, possess the same powers, and be subject to the
same restrictions, that are pointed out for the government
of the Trustees and other officers of the Town of St Ste¬
phens.

(Signed) JAMES DELLET,

Speaker of the House of JieprcsentaiivtS .
THOMAS BIBB,

President of the Senate.

Approved —December 13, 1ST 9.

(Signed) XVM. W. BIBB.

act to incoY^oTate Che town of Clai*
■borne in the county of Monroe.

Section 1 . Tie it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened. That all that tract of lantl, which has been, or
fiiinll be reserved, under the authority of the United States,
for the purposes of a Town, including the place known by
(lie name of Fort Claiborne, ly ing on the east side of the
Alabama river, in the county of Monroe, shall be deemed
ami taken to be within the limits of the town hereby in-

Caunefilori

fee chasen.

3 cor po rated. ,

' Sec. 2 . And be it further enacted. That on the first Mon¬
day in January next, and in each and every year thereaf¬
ter ou the same day, an election by ballot tor seven Court-

[ 125 ]

cillors shall he held, at some convenient and public placq 111
said town, who shall serve tor the term of one year after
they shall have been elected * the first election shall be
conducted and managed, by John Bell ami James Simpson ;
and all subsequent elections shall be conducted by two of the
councillors so elected, who shall, on the next day after
such election, in each and every year, meet and elect by a
majority of votes, from.their own body, an Intendant, whose sinwntfm to be
duty it shall he to preside and keep older at all meetings cltfce *k
of the said councillors, and in his absence or incapacity any
other member may be called to the chair ; and the said
councillors shall be, and they arc hereby constituted a body
corporate, by the name of The Intendant and Council
of the Tumi of Claiborne, and by that name they and their
successors in office shall be capable in law of suing iitnl
of being sued, of pleading and being impleaded, in all
manner ol‘suits either in law or equity ; also to have and

keep a common seal, and the same to keep, alter and a-
lueud at pleasure, and in general to do all acts which are
incident to bodies corporate, and to purchase, hold, and
dispose of, for the benefit of said town, real, personal, or
mixed property, to the amount of ten thousand dollars
Sec. 3. Ami be it farther enacted , That the said Corpo¬
ration shall have power to pass by laws and ordinances, corporation 14
necessary, to preserve the health of said town, to preventpa«*bj-i*w*<
and remove nuisances, to establish night watches and pa¬
trols, to establish, alter ami ascertain new streets and al¬
leys, (with the consent of the proprietors of lots or houses
adjoining such streets and alleys,) to provide for licensing,
taxing, regulating and restraining theatric amusements
and shows within said town, to clear and keep in repair

the streets and alleys, to have general control and super¬
intendence over the springs and wells of said town, to es¬
tablish necessary inspections, and regulate markets and
tlu? assize of bread, to regulate the conveyance of water
from the vicinity into said town, and in general to pass
such by-laws* not contrary to the constitution of this State
and the laws thereof, as the said corporation aforesaid
shall, from time to time, deem expedient and necessary,'to
carry into effect the intent and meaning ol this act, and to
put into execution, to revoke, and to alter, as the said cor¬
poration shall deem expedient: the said corporation shall
also have power to appoint a Treasurer, Assessor, Codec-Ap P omt t«^
tor, and Constable, and such other officers as they uiay rer * * ‘

think necessary, and by ordinance to require such security
from the said officers so appointed, to annex such fees to
the several offices, to impose such fines for neglect of duty
in office not exceeding fifty dollars, ns they shall deem ne¬
cessary. They are hereby also empowered to lay such

fine or fines (not exceeding ten dollars f for a breach ot
breaches of their by-laws, as they may deem proper; and all
fines by them imposed, shall be sued for, in the name ot
the corporation, before any just ire of the peace, and the
money so recovered, shall be paid to the treasurer, for the,
Proviso* benefit of said town ; Provided , That this act, anti all tho
by-laws and ordinances of the said corporation, shal!, at
all times, bo subject to revision or repeal by the General
Assembly.

Six' 4 And be lt farther nwcUd* That I he said c*»rpo-
!«vy tax<3f, ra ^ 0JJ s j Kt [j { )itv $ power ami authority, annually, to levy
rind assess a tax wot exceeding one per centum, upon the
value of ail the real property in said town, to he assessed
by the assessor, according to such regulations as they may
deem necessary and proper . they shall also have power to
lay and collect a p di tax, not exceeding two dollars each
white male inhabitant of said town, abpve the age of twenty
one years: Provided , he shall have resided within said
town,three months immediately preceding the time the tax
shall have been levied; they shall have power, also, to lay
and collect a tax, ou ail four wheeled pleasure carriages ;
also, on carts, waggons, drays, or other vehicles for trans¬
portation, which arc employe In transporting for pay or
compensation, any article whatsoever, from one place to an¬
other within the limits of said Town; and also, on all re¬
tailers of spirituous liquors, if not exceeding ten dollars
pet* annum ; and also, the power of taxing billiard tallies,
fcfwrur or’ i»t- Sec. 5. And be it further enacted , That should the sum
fog additional or sums so assessed and collected, he deemed by said in-
corporation, insufficient for the supply of said town, the In¬
tend ant thereof is hereby authorized, by and with the a<l-
vic* of two of said Councillors, to call a meeting of the in¬
habitants of said town, qualified to vote as aforesaid, by
giving five days previous notice thereof, and specifying the
object of said meeting: and the said meeting shall have
power by a majority of voles, to order further sum or sums
to he raised, as may be deemed expedient, to be assessed,
collected, and paid, as the said corporation shall direct,

, See. 6. And be it find her enacted, That when vacancies

* ** shall happen In the board of Councillors, by death, re¬
signation, or otherwise, such vacancy shal! be filled by tho
hoard ; and tho member or members so added, shall con¬
tinue in office, until the succeeding annual election.

Sec, 7 And b* it further enacted , That should the clfic-
Countiilor# to <j ohfS take place on the day fixed on, of councillors, the

cont.nue m oi- hmr ^ s p a jf not f 0 r that cause be dissolved, but the incum-
bents shall remain in office, until their successors are eiect-
eA, ed ; and it shall be the duty of the board, to fix some other

day as early at convenient, within one month thereafter

[ <*5 j

*o»i which day, two of the Councillors shall attend, and hoM

an election for Councillors.

Sec. 8. And be it further enacted, That the said Intend- c,erk t* bcap
ant and council shall appoint a clerk, whose duty it shall polnud
he, to keep a fan* record of their proceeding*, and to pub¬
lish the same and all laws and ordinances, in some public
newspaper, or at three several public places in said town.

Sec 9. And be it further enacted , That the Imendaiit hiunSr-n*
and Councillors first appointed, ami their sum ssoi s m of- £ “. wllCiiUirs tf>
fjc<t shall, severally, before they enter dn the (lulu s there-**** aa ** 1
ot‘, take an oath before some person qualified to administer
the same, that, they will faithfully discharge the duties to
them committed, without favour <*r partiality ? a certifi¬
cate oi which oath shall he filed with tfie clerk of the board
of commissioners.

Sec. 10 And be it further enacted , That all white male w j* l# way
persons, above the age of twenty-one years, who shall have at election*
resided within the limits of said town three months imme¬
diately preceding an election for councillois, and all land*
holders and householders therein, shall be deemed qualified
electors at such election.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BiBB,

President o< the Smalt*

Approved—November 26, 1819*

(Signed) WM. W. BIBB

An aetto incorporate the city ot Atoibile.

Section 1 . Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly styhsprirHe^*,
convened , That the inhabitants of the town of Mobile hr *^°f «« r P° r **
constituted a body politic and corporate, by the name ut
The Mayor and Aldermen of the city oj Mobile, and by their
corporate name, may sue and be sued, implead and be im¬
pleaded, grant, receive and do all other acts as natural
persons, and may purchase and hold real, personal, and
mixed property, oot exceeding at any onetime fifty chons-
and dollars, or dispose of the same for the benefit of said
city, and mav have and use a city seal, which may be bro¬
ken or altered at pleasure.

Sec 3. And be it further enacted. That the hunts or dorporat j oa Um
boundaries of the city of Mobile, shall be as follows : C om- miu
meneiitg at Choctaw' point and running in a straight direc¬
tion, to the western banks of the Bayou Ohotage, ai a point
lying two hundred yards above ih© place on said Bayou

[ 126 ]

Mayer ami al-
4rnn«n may
apf»*iat city ot-
ficif f

Clio (age called the Portage; thence, down the western banic
of said Bayou, to its mouth; thence in a straight tine, u> the
west bank of the island, in front of Mobile ; i hence along
flic margin ofsnut island, to the south point of said island,
find thence in a straight line, to the place of beginning
Sec. 3. Ami be it further enacted, That the said Mayor
and Alderman shall have full power to appoint A clerk to
the corporation, a treasurer, an inspector, or inspectors of
streets, lanes ami alleys, fences, yards, and all out houses,
three police constables, an assessor, a collector of taxes,
an attorney to the corporation, and all other officers neces¬

sary to carry into effect this incorporation.

TJ^ir number ^ec. 4 * *^ n( * ^ e ^ further enacted, That the said corpo-
and quiiific*. ration of the city of Mobile, consisting of Mayor ami Al-
wou» dermen, shall be constituted of seven members, residents

of the city, and over the age of twenty-one years, and each
of whom shall be possessed of a freehold estate within the
limits of said city ; the said Aldermen to be elected annual-

»h H m W ekcicd ^ ^ ^ ballot in a general ticket, by the free white male in*
* vm t cue habitants of the age of twenty-one, being freeholders within

the city, or, who have resided in the city twelve months,
and paid taxes therein the year preceding that, in which
the election shall be held, and have rented a tenement or

separate room, six months immediately preceding the
Com.to appoint Ra bl election. The commissioners of the town of Mobile,
jadjjc, of fi*«t in office when this act shall go into operation, shall appoint
election, etc, three inspectors or judges, to preside at the first election ot
Aldermen, wbo3e certificate, stating the number of votes
taken, and who are the seven highest on the list (and said
certificate being filed in the clerk’s office of the commis¬
sioners of the town of Mobile,) shall be conclusive, as to

who are elected Aldermen for said city: and at all elections
subsequent to the first, the Mayor and Aldermen for the
time being, shall appoint the«aid three inspectors or judges
to preside at the elections, whose certificate, as aforesaid,
shall be conclusive, being filed with the clerk of the May-
To bet? ordtr |)r anc j Aldermen of the city of Mobile: and the said in-
■ ttmi specters or judges shall have full power and authority to

keep order at the place of holding the said elections, and
to commit to the jail of the county, for the space of forty-
eight hours, any person who shall attempt to make, or
make, any disturbance at the place of holding the said
elections, so as to interfere with the peaceable and orderly
conducting of said elections; and the sheriff of the county
of.Mobile, and the police constables, appointed by the May¬
or and Aldermen of the city el Mobile, are hereby com¬
manded to obey and carry into execution, all process issued
by the said judges or inspectors, as aforesaid, in pursuance
of this act; and the said inspectors or judges shall give
ten days public notice, by advertising in some public news-

L ]27 J

paper, printed within the said city of Mobile, or by post¬
ing up such notice in two of the most public places within
said city, of the time ami plat roflioi ding the said ejections,
which said place must he within the incorporated limits of
the city of Mobile : and if there should be an equal number
of votes, between arty two persons or more, who shall be
voted for at the regular elections for Aldermen, so as to
prevent the election of the whole number designated by
this act, the said judges ami inspectors shall declare the
fact, and issue notices for a new election, in the same
mode as for Urn regular elections, to supply tin* places of
those who may have an equal number of votes And in
case of the death, continued absence for four months, re-Elccdon m cue
signal ion, or renueal, of any one who shall be elected Ai- of dmh
derman, an election, in the mode prescribed by this act,
filed! take place, to supply the vacancy. That the first Elcction oft j.
election shall lake place on the second Monday of Fcbruu»d<rmen
ry in lid* year eighteen hundred and twenty, and that the
regular subsequent elections shall be on the first, Monday
of December in each year, and that in three days subse¬
quent to each election, each person who shall bo elected,
shall take the fallowing oath, before any justice of the peace

or judge of any court within thecounty of Mobile: ‘T ■-Their otth

a J-do solemnly swear, that 1 will truly execute the du-

a ties of Alderman, as prescribed by the act incorporating
« the city of Mobile.” Ami that immediately after the said
oath shall be taken, the said Aldermen shall meet at some
convenient place, within the incorporated limits of the said
city of Mobile, and there organize, and, by vote viva voce
©hall proceed to elect a Mayor from their number: and lie
who shall have the, highest number of votes, shall be de¬
clared Mayor for the succeeding year, and that four mem¬
bers present shall constitute a quorum to do business.

Bee. 5. And be it further enacted f That that pulls for said aviating «-
election of Aldermen, shall be kept open, from eight o’-lection*
dock in the morning until six o’clock in the evening, and
no longer, for the reception of ballots : on closing the polls,
the judges shall close and seal the ballot boxes, and meet
at ten o'clock in the morning of the day following, and in
a public manner the seals shall be broken and the ballots
counted: and when the certificate of the said Judges and
Inspectors or inspectors as alorcsaid, shall be as aforesaid
Tiled* the clerk with whom the said certificate shall bo fil¬

ed, shall immediately give a written notice to each person
certified, of his having been elected as aforesaid..

Sec. 6 . And he it further enacted, That the said Mayor . ourBmcnt an< j
am! Aldermen, or a majority of them, shall have power top rocc ^ ur <v
adjourn their meetings \ com time to time,unless sooner cal¬
led together by a written notice from the Mayoiydesigna¬
ting the time and place of holding such mooting; they shall

.Mi» f ti% hf

kvw ttc.

[ J

keep a journal of their proceedings, anti f r»ie» the yeas ami
nays on any question, resolve* or ordinary*, a? the reo-.iot
si' aay member : and their deliberations shall he public.

Sec, ** dnd fiA it further enacted, That the May.,! and
Alderman aforesaid, or a majority of those present, ^half
have foil power ami authority to pass all by-laws and ordi¬
nances, to regulate the stationing, anchorage, and mooring
of vessels within their jurisdiction to prevent and remove
nuisanc es to prevent the introduction of contagious or in¬
fectious diseases within the said city, hy regulating the ap¬
proach of vessels having* sick on hoard, and the landing
the sick* or of articles calculated to produce disease, ami bv
providing one or more places for the reception of the sick-
or by any other lawful means wha* soever • to establish
night watches nr patrols and erect lamps ; to provide lor
licencing and regulating retailers of liquors wituin the. lim¬
its of the said incorporation, and the annulling the same on
good ami sufficient complaint being mtde against aus per¬
son holding such licence : for the regulating oi hackney
carriages, waggons*carts and dravs. and foe licencing the
fiame . and for tho reg.dating of pawn brokers within the
city : to restrain or prohibit gambling and to provide lor
licencing and regulating theatrical and other public amuse-
inehU w ithin the city . to regjilate and establish' markets,
and to rent out the st ills in the same* and to prohibit the
selling of nwats* poultry, fish* or game* except at the pub¬
lic market or markets to erect and repair bridges ■ to keep
in repair all necessary streets, avenues, drains and sewers,
and to pass regulations necessary lor the preservation of
the same ? fo provide for the licencing and regulating the
sweeping of chimneys and fixing the rates the rent to es¬
tablish and regulate fire wards and fire companies ; to sink
wells and erect and repair pumps tri the streets ; to impose
and appropriate fines, penalties and forfeitures for breach
of their ordinances or by-laws : to enact by-laws tor the
prevention and extinguishment ol hrcs$an<l it nveessaty to
remove or pull down buildings, or fences for the preven¬
tion of the spreading of the same ; to erect and establish
hospitals or pesthouses, workhouses, houses ot correction,
penitentiary, and other buildings, for the use of the city,
or to join with the county of Mobile in the erection of the
garnet and to have a joint control over the same with the
public authorities of the county* and to lay and collect taxes
as prescribed by this act, for defraying the expenses there¬
of, ami for all other necessary purposes; to regulate par-
tv and other fences, and determine by whom the same snail
be made and kept in repair; to restrain and prohibit the
nightly and other meetings or disorderly assemblies of
slaves* free negroes and mulattoes, and to punish nwh
slaves by whipping uot exceeding twenty stripes, aud t*

[ m j

punish sort* frn* ncgrors and mulattoes* and other person*
for such offences, by fixed penalties not exceeding fifty dol¬
lars for any one offence, and in ease of the inability of
m b free negro or mulatto, or other person, to pay and

4 , 4 . ft . a A 1

satisfy a»*y such
fret* negro or not

nalty and cost thereon* to cause such
o, or other person, to be cotdim d to la¬
bour for such reasonable time, not exceeding three calender
months for any cote offence, as may be deemed equivalent
to such penally and touts, which said labour shall be such
as shall be designated by the said Mayor and Aldermen
for the general bench! of the said city : to cause all va¬
grants, idle or disorderly persons, at! persons of evil life
or ill fame, and e!t -uch as have no visible means of.support,
or are iikeiy* to bet - one chargeable to the city as paupers,
or are found begg 1 fig or drunk in and about the streets, or
loitering in or si bout tippling houses, or who can shew no
reasonable course of business or employment in the city,
all who have no dxed place of residence, or cannot give a
good account of themselves, all who are grossly indecent
in language or behaviour publicly in the street, and all
public pro>i iluies* or such as lead a notoriously lewd or la-
Kcivious course ol life, to give security for their good beha¬
viour for a reasonable time, and to indemnify tiic 1 ity a
gainst any charge lor their support: and in case oi their re¬
fusal or inability to give such security, to cause them to be
confined to labour for a limited time, not exceeding four
calendar months,unless such security shall sooner be given,
which said labour shall be such as shall he, designated by
the Mavor and Aldermen, for the general benefit of the
said city ; and that the labour so designated by the Mayor
and Aldermen may be carried into effect* they shall have?
power to appoint a person or persons to take those so con¬
fined and sentenced to htbottr* Irotn iliesr plactf o( confine¬
ment, to the place appointed for their working, and watch
them while at labour, and return them before sun-down to
the place of confinement, and if they should he hnmd after¬
wards offending, such security may again be required, and
for want thereof, the like proceedings may be again had
from time to time,as often as may be necessary: to take care
of, preserve, remove, designate and regulate, all >un mg
grounds within the city; to license bakers, and regulate
the weight and price uf bread, and prohibit the basing iur

sale, except by those licensed. .. . r

Sec. 8. Jhul be it further viacUd. That the said Mayor,
before he enters on‘the duties of his cilice, shad lake am
oath or affirmation, in the presence ol toe Board oi
Aldermen, “lawfully to execute the duties ol Ins« -
» fice. to the best of his skill ami jiMginei. , without Ov.v.i
“ oi partialityand the said Mayor, arid each.,! ihesa.d
Aldermen, shall, ttr <#*. have and exere.se the powers

ll

an u;t'h.

Mayor ar-tl
i-t rmtn to U§

ex officio, ]«»*
tiff*

{ »o j

Mafor t& tv.

pmat mknn&i'
U 4 c« oiSitr*.

To *r:»f> , s|’c* tsv

To $*Mt‘

**ry 3 f11 r iti oas
to the ho :fd„

Hi# ndtnpefsst’-
iioo

Hi' 1 * office how
filled jo ta§e v,[
dcntfe nc

derates may
vy lax, etc v

Proviso

of ft Je ikc i ! the Peine tvUliin the nij of Mobile, ho fat*
only, hh it relates to carry ing into efP-; f all the ordinances,
by -laws. iuu! iv.gt;lati<Ti9 of the corporation. ’Tlio Met or
mmomitv, mid with tin* ci.msmt of a mrijoctiy f'lhhc
•ine.ii appMci:, to all offices umter lhe corporation, ex¬
cept ot tie tv* i.se pro v \>l od lor $ ami ant sm h uiikei Mml! hr.
it*moved from <dluv.ou the concurrent reimnHtruure ol two
thirds of the Aldermen He shall see that l he taws ol' I he
corporation be duh executed, ami shall report the negli-
genre or misconduct of any officer to fhe hoard of \i<ier«
men. He shall lay before the board of Mdermcn, from
time to time, in writing, such ailerations in the Jaws of the
corporation as lie shall deem necessary or proper,anti shall
receive for hh* services, annually, a pis* and reasonable
compensation, to he allowed and fixed by the board <»t Al¬
dermen, which shall neither be increased not diminished,
during the period for which he shall have been elected —
In case of the refusal of any Alderman to accept the office
of Mayor, upon his election thereto, or of las death, resig¬
nation, inability, or removal from the city, the said board
of Aider men shall elect another in his place, to serve the
remainder of the year,

Set*. 9. eimi be it further enacted , That the said Mayor
and Aldermen shall have power to Say taxes, on bulb the
personal and re id estate within fhe < ity, as well as a poll
tax upon all the inhabitants ; Provided* that the said tax
upon the personal and real estate, be laid in pursuance ol
an assessment and valuation of the said ja-rsotial and real
estate, to be made by some discreet person Ihere/o appoint¬
ed, as assessor* by the said corporation, and which said
tax shall be laid in the manner following : The said as¬
sessment or valuation, when completed, containing all the
property as well m the names of the owners thereof, shall
be lodged with the clerk of the corporation; and the May¬
or and Aldermen shall assess m many cents ou the dollar,
making no distinction as to any person, and which said as¬
sessment or valuation (together with the names of the per-
-sons liable to taxation) with the tax laid thereon, shall be
open for inspection, to all and every person interested
therein. And the Mayor and Aldermen shall give ten days
public notice in some jMibiic newspaper, printed within the
limits of the city ot Mobile, that the said assessment or
valuation, together with the jUix laid t hereon, is ready los
inspection : and if any oerson shall be dissatisfied with the
$aid assessment oi* valuation, or tax laid thereon, he# she,
or they shall give notice to the Mayor, and the said Mayor
shall convene the board of Aldermen, and notice dm dis¬
satisfied person or persons of tha meeting, who shall have
liberty to appear and be beard before the said meeting*
touching hi? object ions r and the said Mayor and Aide i -

UJUJti

mil take iruo umsblm atimi the objection*

ne

sttadm and sjif.M have power to alter the assessment or val¬
uation, fogelh,:*' w U,b the tax assessed thereon, as lit them
shall svvm jm*et : but* their derision shall he fiuu as to all
questions or objections that may he. brought before them,
in reference to The said assessment or valuation, and (I«e
tax u^sessml thereon as aforesaid. And after twenty days
have elapsed, from giving the notice, that the said valmi-
lion or cs-n cmeut, together with the tax assessed thereon
as afomomU are ready for public inspection, the said May¬
or shall proceed to make out a rax list, annexed to which
rib all be a warrant directed to the collector of the corpora-
tioju containing the description of the real estate taxed*

together with its valuation and the tax assessed thereon,
ami also the amount of The personal property valued or as.
sfSHccI h) each person, together with the tax assessed tlu*m-
on* a ml the namo of each person liable to a poll-tax, with
the amount of such, poll-tax laid : ami it shall he the duty
of the safd collector, to call on each person so taxed, if
they can tee found within the city, and leave a written no¬
tice of the amount of taxes due by such respective individ-
tml i and if, within six days after the said notice shall have
been left with th© said individual as aforesaid, the said tax
shall not ho paid to the said collector. Use said collector
$ha!l proceed to ukdrain the personal property of such in¬
dividual, by virtue of said warrant, and to advertise the
same for sale, (by giving six days public notice, in some
public newspaper printed within the city,) to the highest
bidder at public auction ; and if there be any overplus mon¬
ey, after paying the tux, and costs of seizure and sale
mid overplus shall be returned to the Haiti person, w.
personal property was seized and sold: and if the taxes on
any real estate shall remain unpaid, for the space ol ten
davs after the delivery o! the tax. list to the said coijeclor,
the said collector shall proceed to publish a descriptive list
ofthe said real estate, together with the names ot she own-
CVS., if known, as well as the valuation of the said real es¬
tate, together with the tax assessed thereon, for the space
Of two months, m some public newspaper, printed withm
the limits of the said city; and if at the expiration of t.ie
Raid two months the tax shall remain unpaid, the collector
shall return the same to the clerk of the corporation; ami
the Mayor of the said corporation shall give one month
public notice, by publishing in some public- mwvsp&pci,
printed within the limits of said city of Mobile* that
[he said real estate, or so much thereof as may be necessa¬
ry to satisfy the tax or taxes, so remaining unpaid, will Uo
sold atimbUc section to the highest bidder, to satisfy the
said tax: a.idtlm said Mayor is hereby empowered to
convey the said real estate, so mid, to the highest bidder,

[ ls2 J

by conveyances good ami sufficient in law. Am! the said
collector, in twenty days after the said warrant am! tax
list m aforesaid shall have been delivered tn him, shaft
make return of his proceedings thereon. am! pay over all
monies collected by him, to the Treasurer <>! the said cor¬
poration, retaining so much as shall be allowed by tho
said Mayor and Aldermen, as u compensation f *r Ins ser¬
vices, and shall receive a receipt from the said Treasurer
fur the same : anti at the expiration of the necessary notice,
as to the real estate on which taxes shall remain unpaid,
the said collector shall return his warrant to the clerk of
thesaid corporation, together with a speci He return of his
proceedings thereon. And further, the said taxes, when
collected and paid in, slull he Appropriated by the said
Mayor and Aldermen, for the benefit and improvement
of said city, ond the cqinfort, convenience, and safety of
Provho the inhabitants thereof: Provided nevertheless, that thw

taxes so to be levied and collected, shall not cxretd in any
one year, forty cents for every hundred dollars worth of
property.

Sec. 10. And be it further enacted • That all Physicians
I>nde» of Phy- W | 1Q ma y he appointed by the said Mayor and Aldermen,
** to carry into effect their ordinances, in reference to the
preservation of the health of the said city of Mobile, shall
be obliged to give their opinions in writing, when thereto
requested by the said Mayor and Aldermen, touching any
contagious or malignant fever, prevailing within the said
limits of the city of Mobile, or any disease, matter, or thing,
which may affect the health or lives of the inhabitants of
•aid city.

M«r»i’ mit**- Sec. 11 And be it farther enacted. That the said May-
*ue pro c e*« for or 8 | ia> H issue his process, as justice of the peace for the ci-
breich of *7- G f Mobile, for all offences committed under this act,and
_w®, etc* j, reac j| 0 f all or any of the by-laws and ordinances of

the said corporation, to the police constables appointed by
the said corporation, who shall bring the offenders, in
pursuance of the said process, before the said Mayor; and tho
•aid Mayor shall proceed to try the offenders, and examine
all w itnesses that may appear «t be subpoenaed before him,
both on the part of the corporation and thp delinquent, and
give judgment, as to him shall appear just and legal, ami
shall receive the same compensation fo • the same, as other
justices of the peace for like duties : and if the said per¬
sons who may be brought before the said Mayor, shall be
dissatisfied with the decision of the said Mayor, they may
forthwith appeal to the circuit court, in all cases where the
judgment shall exceed fifty dollars: and the said person or
persons shall give a bond with good and sufficient security
to pay and satisfy the judgment with costs, if confirmed, of
the said Mayor, together with five dollars additional cost,

t 133 ]

«m! ihc proceeding* theron shall be as are prescribed by
law, in other cases of appeal.

Sec. \2 And be it farther enacted, That the said May* M»jw *nd hi*
or and Aldermen shall ha\ e power, to tix the compensations , ^ rmtr ’ *° s *
of all officers under this art, to he by them appointed offire**

Sec. 13 Andhe it further enacted, That the said collcc- Ca | iwtnr
tor, constables, and treasurer, appointed by the Mayor and ko ^ y4
Aldermen, before they enter on the duties of their respec¬
tive offices, shall give bonds with good security, to tire said
Mayor and Aldermen in the penalty of five thousand dol¬
lars, conditioned for the true and faithful performance of
the duties of their respective offices * and which said bond,
for any breach of covenant, contained in said bond, may be
prosecuted in the name of the said Mayor and Aldermen,
as bonds usually arc, which arc given to incorporated bo*
die*, in any court of record in ihe county of Mobile.

Bee. 14. And be it further enacted* That all other acts, Former »cu re*
and parts of acts, heretofore enacted for the governments*^
of the town of Mobile, are hereby repealed : saving, so far
as the said repeal may interfere with the unfinished busi¬
ness, commenced and progressing under the aforesaid acts.

(Signed) JAMES DELLET,

x Speaker of the House of Repr&cnla lives.

THOMAS BIBB,

Approved—December Kill, 1819.
(Signed)

President of the Seiflfa

mi. W. BIBB.

Au act to digest W\fc T*orw& ot t\w^ Stoic, ol

A\a\miwo*

Section 1. Be it enacted by the Senate and Jlonst of Rcprc- * ttdge , aB(J Au
sentatives ot' the State of Alabama , in General Assembly con - temey General
verted. That the Judges of the Circuit Courts, and the At-to <hg«t the
torttcy General of the State, be, and they are hereby ap- wt
pointed Commissioners, whose duty it shall he, to compile
and digest, in a volume of convenient size, all the laws that
are now in force in this State, leaving out all such acts, or
parts of acts, that have been repealed, retaining their title
a/id time of repeal; and it shall be the duty of said Com¬
missioners, and they arc hereby requir ed, to prepare mar¬
ginal notes containing an abbreviation of the substance of
eaefi page, which notes ot abbreviation shall be printed on
the margin of each page.

Sec 2 And be it further enacted, that the said Gom-_ makc an
mission ers shall make an index, referrinc to all the princi-«j«
pal matters contained in the volume, which volume shall be

,;repafp a-

~~ to translate
le*tm kai 'term*

L <">4 I

entitled The. Linvs 0 /the Stale of Alabatna: anil the (;om*
irmsioners, or a majority of them, whan assembled* arc
hereby directed to prepare such amendments as they may
think the existing laws require, to he by them .submitted v>
the next General Assembly.

Sec, 3-. And he il further er,acted, Tli.it it shall he the
duty of the Judges and Attorney General aforesaid* in all.
arts containing teelsmcal phrases, or words in other than
the English language, to translate the same.

Sec. 4. And he if furl Iter enacted, That the Commission¬
ers are hereby required to insert in the digest, the Consti¬
tution of this State, and of the Tinted States, together with
the Deri am. mu of Independence, and such acts <d Con¬
gress as thes muY think necessary'.

(Signed' * JAMES DELLET,

Sneaker of the Unite of Repn seidative*.

THOMAS BIBB,

Presideni of fh e Senate

Approved — December 17, 1819.

(Signed) WM. W. BIBB.

Au act lo c*tt\V>Yis\\ t\\c scut ot* just \cc \w
YAmestAUic county *awv\ Yv>y tiUu'V \n\v
■\jdscs.

lc it enacted bi{ the Semite and House of Rep
the Slate of 'Alabama, in General Assembly

ion l. Rc

resentatires of the Slate of 'Alabama, in General Assembly
convened. That the permanent site for the seat of justice
for Limestone county, is hereby established in the town of
Athens.

Sec 9. And he >1 further enacted, That Reuben • ilman*
Thomas* Urdus, Jeremiah I ucker, Robert Rofhr k, and
Samuel HundRy, he, and they are hereby appointed com¬
missioners to superintend the public buddings tor said conn
ty, under the directions ot the county court.

Sec. 3. And be it further enacted , That all contract* the
r fores ft id commissioners have entered into, under the di
rection of the county court, shall be valid.

{Signed'! JAMhS DTLLh *»

Sneaker of the House of Representatives.

THOMAS BIBB,

President of (he Seualt .

Approved—December 3, 1819.

(Signed)

WM. W. BIBB.

[ 135 ]

JLn act to authorize, the Cfauwty Co\ret of
liaWus county, to levy a tax to fox;
ImiVtVvng a jail in said county.

Section 1, lie it enacted by the Senate and House of
Mepresmitatives of the State of Alabama, in General Assembly
tonvtmd, That the Comity Court of Dallas county, at their
find, term after the first day of January next, be, and they
are hereby authorized and empowered, to levy a tax to the
amount of fifteen hundred and sixty dollars, upon the pro¬
perty and objects that are subject u> a state tax: Provided , p roy .
That the said court shall apportion said tax on the differ¬
ent objects, as nearly similar to that of the. state tax, a*
may be convenient; which said county tax’shal! be collect¬
ed by the Tax-Collector at the same time, and in the same
manner, as the state tax, and shall be paid by the. Collect¬
or into the hands of the County Treasurer, (subject to the
order of the County Court,) at the same time the slate tax
will be required to be paid into the hands of the State Trea¬
sury : and the Tax-Collector shall be allowed the same
per cent lor collecting the county as the state tax,

(Signed) " JAMES DELLET,

Sneaker of the House of Representatives.

THOMAS BIBB,

President of the Senate .
Approved—-November 27tb, 1819.

(Signed) WM. W. BIBB.

An net making a^To^TiattoiisfOT certain
Yvc-vstuvs \ herein named, and continuing;
in office the Resent Trustees oi* school-
lands in Al&dison county*

Section 1. BE it enacted by the Senate and House of
Representatives of the State of Alabcufuif in General Assembly
convened. That the sum of seventy -three dollars be, and the
came is hereby allowed to John Boardman,
printing done for the General Assembly, this session: and LcecJx
<n to William Leech, the sum of ten dollars, fdr making

for sundiw J* Basurdm**

railing to the lobby of the House; also, to Jonas J. Hell, j j Beii
the sum of thirty-seven dollars, lor stationary; also, to S&- vrGr*w
m „«l K. M'lirnAVj the sum of forty dollars, for two stoves s - K * rCmr
furnished the House of Representatives; also, to Hamel D R([hcr
Rather, for sundry accounts of stationary, kc. one hundred objf >od Had
Hint three dollars •• also, to Glass & Uudnell, the sum of

[ 136 ]

one hundred am! fifty dollar* and twenty-live rents, forta-
r. Willi* bles &c for the General Assembly ; also, to Pleasant Wil~

j, iL I him

%» B Joo«r*

L. CnlUhur.iy

Oofctnor *a»
thor'fccd to rent
i kutkimg' »oir

tore papers at
Cafetwb*

Its, the sum of twenty five dollars, as rent of chairs by him
furnished for the use of the House of Representative* : also,
to John K. Dunn, the sum of one hundred and fifty.one
dollars ninety-three and three-fourth cents* for preparing
and furnishing the Senate chamber with chairs ami other
uitides, to Benjamin B Jones, a delegate from Lauder¬
dale to the Territorial Legislature in eighteen hundred and
eighteen, two hundred ami forty-twodollars ami fifty cents;
to Lew is Diilahunty, a delegate from the county of Law¬
rence in the Territorial Legislature for the year eighteen
hundred and eighteen, the sum of two hundred dollars
Sec. S. And be it further enacted , That the Governor he,
and he is hereby authorized, to rent a suitable building in
town of Cahaw ba, for the reception and safe-keeping ot
State papers; ami that the Governor draw on the contin¬
gent fond, for that sum of money which will be sufficient to
compensate for the use of such building, until a proper
apartment shall have been completed, within the temporary
state building, for the reception of the state papers: and
that the Governor also draw on the fund aforesaid, for that

sum of money which will be sufficient to pay for office rent
at Huntsville.

Sec. 3 And be it further enacted* That the present trustees,
Troieii of Qf> a majority of them, of the School*land of the county ol
Madison, be continued in office, until superseded by the
tc*c«mtmKc ilcommissioners hereafter to be appointed by law, who shall
office be authorized to rent for one year, the lands of, and em¬

ploy teachers for, their respective townships; which trus¬
tees, when superseded, shall deliver to their successors in
office, all bonds, notes, he. belonging to the townships
/Signed) JAN1&S DFILLET,

Speaker of the. House of Representatives.

THOMAS BIBB,

Preside nt of the Senate

Approved—Decenther IT. 1819.
(Signed.

WM. W. BIBB.

Axk act fox t\ie of T*

Jonesi.

SecTiox 1. Be it enacted by the Senate and House of
Mewreseniatires of tfie Slate of Alabama , in General Assembly
convened* That Irby Jones be, aud he is hereby, allowed,
the sum of one hundred and fifty dollars for the use o is
house, whilst occupied by the House of Representatives.

r »sr i

See. *1. And he if further exacted. That the comptroller
rtf accounts be* and he is hereby* required to audit, and
the Treasurer is hereby required to pay, the aforesaid a-
uiount of one hundred and fifty dollars

(Signed) JAMES DELLET,

Speaker of the House if Representative «.

THOMAS BIBB,

President of Ike Senate,

Approved -December 13 , 1815.

(Signed. mi. V(. BIBB.

An act to imt\\oi*\7.e \\ve- mVn v^trM yyx

nod ndnumstvator oY ItameY W. Mi-
rVxanx*, dee^as^d, to »e\\ certain Yea\fe»-
t&tc tiicrem named.

Section. 1 . Be it enacted by the Senate and House of Be-
jyvesentatives of the Slate of Alabama, in General Assembly
convened , That Eliza F. Michaux, administratrix, and
Robert G Moseley, administrator, of Daniel W. Michaux,
deceased, be, and they are hereby authorized, to sell th©
certificates of th© southwest quarter of section number
twenty-eight, the southeast quarter of section number
twenty-nine, and the east half oi the the northwest, quarter
of section number thirty-three, in township number four
of range number seven west, in Madison district, belonging
to the estate, of Daniel W. Mjehaux, deceased, on Such
terms as they may deem most advantageous, taking 1 ond
with sufficient security, for the true anti faithful payment
of the consideration : Provided , That thirty days notice
be given of the time of sale, and that the same be sold at
public auction, at the court house of th© county in which
said real estate may lie.

Soo. 2 . And be it further enacted , That lb© said admin*
istratrix and administrator are hereby aufhorr/U.? and em¬
powered, on the sale of such certificates) to make or cause
to be nude to the purchaser or p»r< iiwsers, as the <•■*$<?
may be, of the same, a conveyance of such title as the c nul
deccdant had or was entitled to: which conveyance shall be
equally valid and binding# as it the same had been made
by the said dcccdaut in his lifetime.

Soc. 5 . Be it further evaded P That said administratrix
and administrator shall, before the sale ♦»! the laniis herein
before -authorized to be sold, enter into bond with sufficient
security 9 payable to the Chiel Justice ol the Orphans
Court of the county in which said lauds are situ^ied, for

S

t f * 8 ]

the disposition of the money arising from Hit* salt* of sani
lands, agreeably to the existing laws regulating the distri
bution of the pereonal effects of deceased persons.

(Signed) JAMES DELLET.

Speaker of the House of Representative's

THOMAS BIBB,

President of the Senate.

Approved—N ovember 22, 1819.

(Signed) WM. W. BIBB.

An act to aultxocizc t\\c aAuv\u\s\\*aVor o£
TUotwas ViarT^t^ow, deceased, to sc\\
certain real estate.

Section 1 Be it enacted by the Senate and House of Hep -
resenta tires of the State of Alabama, in ileneral Assembly
convened , That the administrator of Thomas Garrctson, de¬

ceased* be, and he is hereby authorized, to sell the undi¬
vided moiety of a certain lot or parcel of land m the town
of St. Stephens, of which said lot or parcel of land, the
said Thomas Garretson, deceased, and Janies C. Gamble,
were tenants in common, on such terms as he may deem
most advantageous, faking bond with good and KufFn mnt
security, for the payment of the condition : Provided f thir¬
ty days notice be given of the time of sale : and that said
land be sold at public auction* at the town of St Stephens.

See 51. And be, it farther enacted. That the Haiti admin¬
istrator is hereby authorized and empowered* on the sale
of said real estate, to make or cause to he made, to the
purchaser or purchasers thereof* as the case may he, a
conveyance of such title as tlie said deceased had* or was
entitled to: which conveyance shall be equally ^did and
binding, as if the same had been made by the said decc-

tfant 17, his lifetime.

Sec. 3. And be it further enacted , That said adminis¬
trator shall, before the sale of the lands herein before au ¬
thorized to be sold, enter into bond with good and
sufficient security, to the Chief Justice of the Orplians
Court of Washington county, for the disposition ot the
monies arising from the sale of said real estate, agreeably
to the existing laws regulating the distribution ot the per ¬
sonal effects of deceased persons

(Signed) JAMES DLLLET,

^ Sneaker of the House of Representatives.

THOMAS BIBB,

President of the Senate,

Approved-—November 27, 1819.
(Signed)

WM. W, BIBB,

C 139 J

AnacA \ a awWioTixe the administratrix and
administrator* at Janie* Wargruvr, de¬
ceased, to ae\\ a certain quarter section
at \vu\d.

Section 1 Be it evaded by tin Senate and Rouse of Hep -
restn!rt cot’s fif the State if+lhtbama, in General Assembly con¬
vened, Thai Mkrv Hargcme, administratrix, and William
II argrov**, B'npuuio Hanirove. and Andrew M Hargrove,
adittiuistrainr.s of Jam* s Hargrove* deceased, be, and they
are hereby authorized to sell at public auction (giving at
least thirty days public notice thereof,) the northeast
quarter of sect* »n number pai;, in township two, rang*
numbered three, west of the basis meridian* of Madison
county : taking bond with approved security for the true
and faithful payment of the same

Sec .2 And be it further enacted. That the said admin¬
istratrix and administrators are hereby authorized-and em¬
powered, on the sale of said quarter section of land, to
make or cause to be made, to the purchaser of the .same, a
conveyance of such title as the said decedant bad, or was
entitled to; which conveyance shall be equally v alid and
binding, as if the sam<* had been made by the said decedant
in his lifetime.

' Signed) J AM ES DELLE l\

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved—December id, 1819.
(Signed)

WM. W BIBB.

An act to t\vc tv^it\*o£

Jtis'mEWood, deceased, and Edmund I.
lVviy, Co ae\\ certain real estate.

Section 1 . Be it enacted by the Senate and House of Rep¬
resentatives of the State oj Alabama , in Henri til Asst mbbtf
convened , That Susanna Wood, administratrix of Jostal*
Wood, deceased, late of Lauderdale county, and Edmunt L
Baily of the county aforesaid, be, and they are hereby au¬
thorized and empowered, to sell all or any num >cr ofceH ui-
rates ofcertain land situated in the aforesaid county ot Lau¬
derdale, which were purchased at the land sales at Hunts¬
ville, by the said Josiah Wood and Edmund I. Bady in
partnership, on such terms as they may deem mos a van

[ 140 ]

tageous, taking bon* 1 with sufficient senu ih . for the I rue
and faithful payment uf the consideration : J’rovided, that
thirty d*}S notice bt given in some public paper published
in this Stats <>f the time of sale, and that the vutm shall
be sold at public auction on the premises.

Sec. % And be it further end' ted. That the said admin¬
istratrix and Edmund I. Baily, be, and they are hereby au¬
thorized, on the sale of such certificates, to make or cause
to be made, to the purchaser or purchasers as the case may
be, a legal transfer of the same : Svhich transfer shall be
equally binding and valid, as if the same had been made in
the lifetime of the said deceased, by him and said Baily,

Sec 3 And be it further enacted , That the said adminis¬
tratrix shall, before the sale of the lends or certificates
herein before authorized to be sold, enter into bond with
sufficient security, payable to the chairman or chit f justice
of the county court of "Lauderdale, Cor the disposition ot
one halt the money arising from the sale of saul lands or
certificates, agreeable to the existing laws regulating the
distribution of the personal effects of ‘those who die intes¬
tate.

(Signed) JAMES DFXLET,

Speaker of the Hovtr of Representatives.
THOMAS BIBB,

President of the Senate.

App/oved— December 13, 1819.
(Signed)

1VM. W. BIBB.

Aft act a\\U\OT\T.n\g WvWvam HusseU, se-
niot, and. JosYma. UoVcYxer, Vo svA\ cer¬
tain \anAs therein mentioned.

Section 1. Be.it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened. That William Russell, senior, and Joshua but¬
cher, of Franklin county, within the State aforesaid, (they
being the lawful qualified administrators on the estate o
Abraham Beaty, late of said county, deceased,) be, and
thev or either of them are hereby authorized to se'l two
quarter sections of land, to wit: the southwest and noi til-
west quarter sections of section nine, township six, range
eleven, west of the basis meridian, within the county ot
Franklin aforesaid, for the benefit of those persons lawful¬
ly interested in the estate of the said Abraham Beaty ,
when the lands aforesaid are sold the certificates issued
from the United States land office for the same shall, by
the said William Russell, senior, snd Joshna Cetaher, or

[ 141 }

either of them, acting as administrator or administrators
as aforesaid, be transferred to the person or persons, to
whom the said tract or tracts ofiand shall be sold: Provided ,
That said sale he made and had at the court house of tho
county in which the land may lie, and that at public auction*
to the highest bidder; which transfer, resulting from an
honest and fair sale, shall be as exclusively lawful and ef¬
ficient to the purchaser or purchasers, and their heirs and
assigns, forever, as if the same had been done by the said
Abraham Beaty in his lifetime, for a valuable considera¬
tion : Provided , That the said William Russell, senior, and
Joshua Getcher, or either of them, shall, by publication in
some printed newspaper published in the adjacent county,
and by advertisement at three of the most public places in
said County of Franklin, fairly setting forth the quality
and situation of the land aforesaid, give forty days notice
of such intended sales : the proceeds of which sales shall,
by the said Russell and Gotcher, or either ot them, be ap¬
propriated to the payment of the rights due from said estate,
and the surplus, if any, shall be paid over to the lawfully
<$ualifi«4 representatives of the said deceased

Sec. *. Be it further enacted. That said administrators
shall, before the sale of the lands herein before authorized
t*i be sold, enter into bom! with sufficient security, payable
to the Chief Justice of the Orphans Court of the county iu
which said lands arc situated, for the disposition of the
money arising from the sale of said lands, agreeably to the
existing laws regulating the distribution of the personal ef¬

fects of deceased persons. , __

(Signed) JAMES DELLET,

Speaker of the House of Representatives.
THOMAS BIBB,

President of the Senate.

Approved—November 26, 1819.
(SI g ued)

\VM. W. BIBB.

An met to antboTixe the a&mtnisteatoT and
a&uv\n\»tv*atrVx. of 3o\vu C\m\&tcss, de¬
cease. A, to aet\ Tea\ estate.

Section 1. Be it enacted, by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
eonvened, Tint Samuel B. Marshall, administrator, and
Elizabeth Childress, administratrix, of John Childless,
late of Davidson county, state of Tennessee, deceased, be,
and they are hereby authorized and empowered, to sell all
«r any number of certificates of certain lands situated i/i

C MS ]

this Slata, belonging to the estate of said deccdatit, on such
terms as they may deem most advantageous, taking bond
with ient security for the true ami faithful payment <4

the consideration: Provided, That thirty days notice he
given, in some public paper published in this State., of the
time of sale, ami that the same be sold at public auction at
tlie court house of the county or counties in which the ireal
estate may lie

Sec. 9, .iwt be it fur!fur enacted. That the said adminis¬
trator and administratrix be. and they are hereby authori¬
zed, on th< vale of such certificates, to make or cause to be
made, to ilu purchaser or purchasers, as the case may be,
a legal transfer of the same , which transfer shall be equal¬
ly %aitd and binding, as if the same had been made hy the
said dre ed ant in his life time.

Sec, 3 Jnd bo it further enacted. That the said adminis¬
trator ami administratrix shall, before the sale of the hinds
herein before authorized to be sold, enter into bond with
sufficient security, payable to the Chief Justice of the Or¬
phans* court of the county in which said lands arc situated,
for the disposition of the money arising from the sale of
said lands, agreeably to the existing laws regulating tho
distribution of the personal effects of deceased persons.

(Signed) JAMES DRLLEY,

Speaker of the Tfoust of Representatives.

THOMAS BIBB,

President of the Senate ;

Approved— December 3, 1319.
(Signed)

WM. W. 8IBB

Att act to authorize John Smith, senior,
to matte a title to certain land therein
named.

Section t. Util enacted tty the Senate and Home o Rep¬
resentatives of the State of Alabama, in General Assembly
convened. That John Smith, senior, of Madison county, ad¬
ministrator of John Robins, deceased, bo, and he. is hereby
authorized and empowered, to make, seal, sign, and deliv¬
er, as administrator aforesaid, a good and law fu! title to
fifty acres of land, situated in the aforesaid county ot Mad¬
ison, in the southwest quarter section number two, in town-
shin number two, and range number one, east, in confor¬
mity to a bond given by the said deceased, to Isaac Griflith
for the conveyance of the same, and which has been sundt}

times transferred. A .. . .. ,

Sec 9, ndnd be it further enacted , That it shall and may

W lawful for the said John Smith, as administrator, to

t “ 3 3

make ami perfect a title to the aioresaid land, imto the le¬
gal owner and holder of said bond* which title, when so
made, shall be as good and valid m if made and perfected
bj the said John Robins in his lifetime,

(Signed) JAMES DfiLLET,

Speaker of the House of Representatives.
THOMAS BIBB*

President of the Senate.

Approved—Dec 17,1819.

Signed; \\ M. W. BIBB.

Jin uci to aut\voT\z<>, to nv«l£.» ti¬

tle U* Jonathan ftatnlexUn, to -a. certain
tract of land.

Sect ion t. Be it enacted by the Seriate apd House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened , That Aile Kyle of the county of Lawrence he,
and she is hereby authorized and empowered, to make a
title in fee-simple by deed of conveyance, to Jonathan San-
deriirc of the county of Cota' <>, to a certain quarter section
of land, lying and being in said Cotaco, it being the north-
easi quarter of section number twenty-two, in township sc-
Y$n, range live, west of the basis meridian: which said deed
when made, shall convey all the right, title, or inter? st,
which the said AUo Kyle, or the heirs or legal representa¬
tives of John Kyle, deceased, have or could claim to the
said quarter section of land.

(Signed) JAMES DELLET,

Speaker of the House of Represeitfatitcs.

THOMAS BIBB,

President of the Senate*
Approved— November 25, 1819.

(Signed) WM. W. BIBB.

An act fox t\\c relief of TVeTiecca AtmWon-

Anx&nt.

Section 1 BB U enacted by the Senate atui House of
Representatives of the State of Alabama, in General Assembly
, onevened. That Rebecca Atm Bondurant be, and she is
hereby authorized, to contract with John \ wing ® te
county of Madison, upon any terms that she may th as
proper, and to which said Tilling may agree, for the res¬
cinding of a contract for a tract of land Jyu.g »n the said

C '•>“ 1

county, which was cron tracts tor by herder-eaaed husband,
Robert M Bomiunuit; which agreement shaR bis good and
Valid in law, any thing; to the contrary notwithstanding.
(Signed) JAMES OMELET,

Speaker of the House tf Ik preseuta fives.
THOMAS BJBB,

PresUUnt >f the Senate

AnproTftd—December 16th, 1819.

(Signed') \VM. W. BIBB.

an acV fov tVvY, vaWaf o? \aicxeUa Stavn-
wurs, o£ aVaAVian count's, Vu\uw of
Hour's Stanuttcra, deceased.

Section 4 !, fie it enacted by the Senate and House if Iiep
resentahxes if the Stale of Alabama, in General Assembly
convened , That Lucretia Stammers be, ami she is hereby,
authorized and empowered to hold and retain ir» her pos¬
session, the tract of land containing two hundred acres, and
a negro man-slave named Green, owned by her husband at
the time of his death, until the oldest child of the deceofwi
Henry Stammers shall arrive at the age of twenty -one years.
Sec. 2. Ik it farther enacted , That, to entitle the said
Lucretia Stammers to the benefit of the first section of thi$
act, she shall enter into bond in such amount with such se¬
curity as shall he approved by the County Court; condi
tinned, that she will apply the proceeds, arising fiom the
said tract of land and negro man-slave Green, to the sup
port of herself and tb°- seven childtcn of the £aid Henry
Stammeis, deceased.

(Signed) JAMhb DLLLh ,

v Speaker of the House oj Representatives,

THOMAS BIBB.

President of the Senate .

Approved—December 16, lb 19.

(Signed) \VM, W. BIBB,

iin&Hto ttut\\orixfc Tlwm&a SoUiiftou i<*
manumit a ©attain ^ttson oi coVout*

Ihttein named.

Section t. Beit enacted by the Senate and Borne of Rep¬
resentatives of the State of Alabama, in G ™ r,dJ P u ™ b “{
convened. That Thomas Johnson of the count.? of Madron

! 145 ]

be, and he is hereby authorized ami empowered, to manu¬
mit ami set free from slavery, a certain boy of colour na*
xned Martm, so soon as the said Martin arrives to the age
of twenty-one years. Provided , That the said Thomas
Johnson shall, on or before that time, enter into bond to
the chairman or chief justice of Madison county, in the
sum of live hundred dollars; conditioned, that the said
Martin, so liberated, shall not become chargeable to the

t " MlK ‘ (Signed) JAMES DELLET,

Speaker of'the fin use of Representative f.
THOMAS BIBB,

President of the Senate.

Approved—December 4, 1819.

(Signed) WM. W. BIBB.

Aw act to avvtlwvrlze, Kennedy to

iwo.vwuuVV ccvlain of \ua slaves therein

IYAWWh\.

Section t. fie if enacted by the Senate and House of Rep-
resenfatives of the Slate of Alabama , in General Assembly
convened. That (Tsar Kennedy, a fit© man of colon*, of
the town of Huntsville, and county of Madison, be, and he
is hereby authorized to manumit and set free, his wife Han¬
nah, and her bcvcii children, Mena, John, Mary-Ann,
William, Cesar, Rosself, and Thomas, so soon as the said
Cesar Kennedy shall have executed to the chief justice or
chairman of the county court of Madison county, and his
successors in office, a bond with sufficient security, to be
approved by said court, conditioned, that the said slaves,
Hannah ami her seven children* Maria, John, Mary-Ann,
William, Cesar, Rossell and Thomas, shall never become
chargeable to the State of Alabama, or any county or town
therein.

(Signed) JAM ICS DELLLT,

Speaker of the House of Representatives.

THOMAS BIBB,

Approved—December 13, 1819.
(Signed)

President of the Senate.

WM. W. BIBB.

Ai\ act to awVboinxe John ^et^awe^ to
evwawcipaie cectaiu &\av lUeceiw warned*

Section 1. BE it enacted by the Senate and House of
Representatives of the State of Alabama, in General Assm y

T

t »«« 1

enurened* Thai John Bethancv of Ok* county of Clarke be

amt he U hereby authorized to emancipate the following
slaves, to wit Lydia, a black woman. thirty five years old;
Eliza, a mulatto, aged twenty -three ; Elizabeth, a rnnlr.t-
to. aged nineteen; William, a mulatto, aged seventeen,
Daniel, a mulatto, aged fourteen : Amelia, a mulatto, aged
seven; Margaret, a mulatto, aged three; and Lemuel, a
quartet'oon, aged one year, so soon as the said John Belh-
aney shall have executed to the justices of the comity court
of Clarke and their successors in office, a bom! with suffi¬
cient security, to be approved by the said court: condition¬
ed, that the aforesaid slaves shall never become chargeable
to the state of Alabama, or any county to* town therein.

(Signed) JAMES DELLET,

Speaker of the House of Representatives .

THOMAS BIBB,

Presided! of the Senate.

Approved—November 27tb, 1819.

U (Signed) WM. W. BIBB.

A Resolution of thanks to James Monroe,
President of the United States.

Resolved, That the thanks of (he Senate anil House of
Representatives of the State of Alabama, in bcncral As¬
sembly convened, be presented to bis Excellency James
Monroe, President of the United States, for the dignified
and useful course he has pursued as Lhict Magistiate of
the Union.

Resolved, That the Governor of this State be request¬
ed to transmit a copy of the above resolution to the Presi¬
dent of the United States.

(Signed) JAMES HELLER,

Svcaker offhe House of Representatives.

1 THOMAS BIBB,

President of the Senate.

Approved-— December 17th, 1819.

U (Signed) WM. W. BIBB.

A Resolution to obtain the establishment ot
additional Land Olhces in this State.

Whereas, great inconvenience anil expense wiUarcnie
to the citizens of the counties ot Blount, Marion, I oska-

i 47 ]

loosa, and Marengo, by being compelled to attend distant
sales, to purchase the lands upon which they live; and as
by procuring a Land Office at Tuskaloosa, the most central
place of the unsold lands in the western part of this State,
would obv iate this inconvenience and extraordinary ex¬
pense, and by this means promote the interests of a large
portion of our citizens, without damage to others, therefore
Be it resolved, By the Senate and House of Repre¬
sentatives of the State of Alabama, in General Assembly
convened, that the Senators and Representatives in Con¬
gress from this State, be, and they are hereby requested,
to make use of their intiuenee, to procure a Laud Office at
the town of Tuskaloosa, and at Conecuh court house, in
this State, for the purpose of disposing of the public lands,
more convenient to those places than other land offices in
this State.

And be it further Resolved , That they be, and they am
hereby, also requested, to endeavour to have it enacted by
the Congress of the United States, that when any lands
are sold in this Slate , after the month of March in each year,
in the possession of am/occupant or occupants. he , she. or they,
shall not be dispossessed , until they shall have made and gath¬
ered their crops ; Provided, that be done by the lust of Decem¬
ber in the same year.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

Approved—December 15, 1819.
(Signed)

President of the Senate.

WM. W. BIBB.

A Resolution authorizing the Governor to
effect a loan from certain banks for the
purposes ot the State.

Resolved, By the Senate and House of Representatives
of e Slate of Alabama, in General Assembly convened.
That the Governor of this State is hereby authorized to
procure from the Planters and Merchants Bank o Hunts¬
ville, or from the Tombeckbe Rank, a loan or loans of
monev, not exceeding twenty thousand dollars, for the use
and benefit of the State of Alabama, which loan shall be
accomplished in such sums, and at such times, as will an-
slTttie purposes of the State, after the passage of tins

^ 'find be it further Resolved, That the Governor is hereby
authorized, to pledge so much of the Revenue, to be raised

t US }

for the year eighteen hundred and twenty, m will .he suffi¬
cient to discharge said loan, mi or before the first dav of
January, eighteeu hundred and twenty-one.

And be 1 1 farther Resolved, That tins Resolution shall
take eftVu iVoro and after the passage thereof

(Signed) .1 A fvl E S D E i. L GT,

Speaker of the Home of Representatives.

THOMAS BIBB,

President of the Senate

Approved—December 13, IS 19.

(Signed) WJM. W. BIBB.

A Resolution vesting the Governor with the
authority to settle the accounts between
this State and the Mississippi State.

Resolved* By the Senate and House of Representa¬
tives d* the 6tate of Alabama, in Genera! Assembh conven¬
ed, That the Governor he* ami lie rs hereby authorized,
to adjust an<l settle the accounts existing between Ibis Stale
and the State of Mississippi, in such manner, and on stn U
principles, as in his judgment, may be conformable to the
intent and meaning of the ninth section of the act of ('on-
givss, establishing a separate Territorial government for
the eastern part of the Mississippi Territory.

(Signed) *1A M ES D E LL E' 1,

Speaker of I he House of Represent off e?s.

THOMAS BIBB,

President of ike Set*ate.

Approved—^December 13, 1319.

(Signed) VM. W. BIBB.

Resolution, to regulate elections by the Gen¬
eral Assembly of this State.

«/

Resolved, By the Senate and House of Representatives
of the Stale of Alabama, in General Assembly convened,
That in ail elections by the General Assembly, the, voles
shall be given for one election only, at the same time : and
that a maiority of the whole number of votes, shall be ne¬
cessary to a choice : that the members of both Houses will
fissiMidVe in the Representative Chamber, and the names
of the members of each House shall be called by their re¬
spective Clerks: whereupon, the President of the Senate

[ 149 ]

ani! Speaker of the House of Representatives, shall ascer¬
tain the result, which shall be announced by the Speaker
of the House of Represenlatives

^Signed) JAMES DELLET.

Speaker of the Home of Representatives.
THOMAS BIBB,

Freni dent of the Senate.

Approved—October 28, 1819.

(Signed) WM. W BIBB.

A Resolution for contracting for public

Printing.

Resolved. By the Senate and House of Representatives
of the Soare of Alabama* in General Assembly convened,
That the joint committee appointed to contract for the pub¬
lic printing. lie instructed to contract for the printing of
two thousand fopies of the acts of the General Assembly,
and seven hundred copies of the Journals of the Senate,
and seven hundred copies of the Journals of the House of
Representatives, and also five hundred copies of the Mili¬
tia and Patrol taws.

(Signed) JAMES DELLET,

Speaker of the House of Representatives.

THOMAS BIBB,

President of the Senate.

Approved*. December 3d, 1819.

.Signed) WM. W. BiRB.

,\ Resolution authorizing the Secretary of
State to contract for public Printing, and
for other purposes.

Resolved, By the Senate and House of Representatives
of the State of Alabama, in General Assembly convened,
that the Secretary of Stale In, and he is hereby authoris¬
ed ami directed, to contract for the printing and distribu¬
tion of the Journals a n! Acts of both Houses of the pr esent
session of the General Assembly, and two thousand copies
of the report of the Auditor of Rubik; Accounts and Treas¬
urer, made to the Legislature at the present session, inclu¬
ding tb * communication of the Auditor of Public Acre Is.
made in pursuancea resolution oi the Senate, in rela¬
tion to the outstanding dt ds due the State j*t G&hawba or

[ I * 0 J

elsewhere, as may most conduce to the interest of {he Srate:
and that the Cumptreitcr of Public Accounts* on the certif¬
icate of the Secretary, shall issue his warrant on the treas¬
ury for the amount contracted for by the Secretary, as a-
foresaid.

(Signed'S JAMES DKLLET,

Speaker of the Haunt of Pearesentatrves.
THOMAS BJBB,

President of the Senate.

Approved—December 17, 1319

(Signed) \VM. W. BIBB.

A Resolution authorizing Daniel Rather to
sell certain public property therein named.

Resolved, By the Senate and House of Represen¬
tatives of the Slate of Alabama, in General Assembly
convened. That Daniel Rather be, ami he is hereby au¬
thorized, as soon as may be after the rising of the Gene¬
ral Assembly, to sell at public outcry, the Tables, Stoves,
and other furniture, winch have been procured for the use
of both Houses : and after deducting from the amount of
wales, such sums as may be necessary to defray charges
thereon, nay over the balance into the treasury,

(Signed) JAMES DELLET,

Streaker of the House of Representatives
tH UM AS BIBB,

Approved—December 16 ,
(Signed)

President ojthe Senate.

IS 19.

WM. W. BIBB

ERRATUM.

Pig* iff, in the act to incorporate the town of Gourtbunb fifth liatf for
f < place ' rend u pfon.’

INDEX

P age.

Abatement *—-pica of * • - 7

Accounts —Governor to settle, between

this State and Mississippi 148
Adi QurnmtnU - - - 5, 10

Adjutant-General —how ejected 11)

rank and duty 22

Administrate a —of I) W. Michaux 137

Thomas Garretson 138

James Hargrove 139

Josiali Wood ib,

Abraham Beaty 140

John Childress 141

Aids-de-Camp -—how appointed and duty 19
Ajcpcots —from jPircujt Court - 9

-County Court - 14

reasons certified * - ib.

from justice of peace - 15

Appropriation* —to officers of state 99

contingent fund - ib.

fQ certain persons 135

Arbitration —act concerning - * 58

Arms —act concerning <• 75

exempt from seizure - 31

Arrest —exempt* from - - - 38

Artillery •—number of * - 29

Assessor and Tax Collector —

how appointed - - - 43

to give bond - - 44!

their duty .... 57j

Lauderdale county, relief ol 103 j

Assignment—hnw denied - 15 j

Attorney Central —duty and emoluments 46 '
Attarnies and Counsellors —act concerning 68
Auctioneer* —how appointed - 43

Autauga county —levy tax - - 40

Battalion —commanded by Major - 34

Bethamy, John —manumit slaves - 45

Blakely —elections at - - - 41

Bonduranf-, Rebecca Ann —relief of 143
Bridge —'at Cohaw ba 85

Cohavdm —sole of lots 84

government of 118

€ ({plains —how elected - - - 19

Cavalry —number of - - 29

Census —hy whom taken - - 44

Clerks —give bond - - >9

h wv removed - - 7U

arts of, valid * - * 17

Claiborne —incorporation - 122

CoJfeevHU —incorporation - - 109

Colonel — how elected, and duty * 19

Compensation —Members of Assembly 96

Comptroller--duty of - •* - 47

Constable*—how elected •• * 42

Continuances ... 5

Coroner —how appointed 43

Co unties —establis h c d - • 50. 55

Churtfomi — established * • 121

Cage

Courts —Supreme—by whom holden 10

to appoint a clerk Ip

General—

causes in, how transferred It

writs issued from, bow re¬
turnable « II
Circuit—when holden - 3, 4

jurisdiction of * 4, 9

Inferior—when holdcn 12, 13

jurisdiction of 13

Martial—

how detailed - - 21

Regimental, how organized 27

Battalion, - ib.

Brigade, —---—-- 31

Company,-32

Criminals —day for trial 8

excluded from suffrage 67

Dallas —county court to lay a tax 135

Declaration —when to, be filed - 5

Deeds —probate of - - - 87

Digest - - - 133

Dover —.relinquishment of - - 87

Drills - - * 2!

Duelling —act to suppress - - 64

Elections —militia, how contested * 30

regulated, and precincts 38

w hen held in new' counties 66

by whom conducted - ib

in Jackson county - 80

criminals excluded * 67

manner in General Assembly 143
F.ffuity —-jurisdiction - - - 9

Error —writ of - - 10, 11

how prosecuted - 14

Ferries —act concerning - - 73

Fine*- ■ -militia, bow assessed * 25

-, how collected - 27

Forcible entry and Detainer - 16

Generals —how elected - - - 19

Huntsville —corporal ion extended 108

additional commissioners ib

fdirts and Lunatics 14

larged ions — nr* concerning * Bl

Interest-~er t repealed 67

act concerning - 48—50

Jonnmn, Thom a■ manumit slave 144

Jur-.es, Irby —pap iner t of - - 134

Judges —opinion, to be tiled - 11

to in ten bnrtge 7

Judge Athyatr- - how appointed - 27

Jury —how smi room d - - 16

Justices—i hief -how drrted, and powers 16
reor.c— how electee - 42

J pmnedu, Canr —mnuomit slaves

rule —authorised to ittaiiiC title

TO
Poge,

m

152 ]

Lunds **—an net rcafcrnini^

resolution to obtain additional
land office#
irnos—>to be digested

—(See School land*}

Loan- -Governor to effect
ixdtery —benefit of Madison and Alaba¬
ma Letige

Lumber —inspection of
Lunacy —(See idiot - awl Innutic,*)
hoar asceri/.ined

143’

88

146
133

147

98

81

JKi/it

w-

-who liable to do duty
uniform of

Mobile —incorporated
Montgomery- -incorporai d
Mo uJto n — in v v rp orate d

/fO-Vigalion --an act to prevent obstruc¬
tion of -

an act to examine cone in
rivers

Motor# Public --how appeiuted -

Oaths —manner of administerin''

Patrol **—regulated -

Piio 1 *—an act for the appointment of
Pleadings —when to be made up
Practice—-rule* of, he es-’ablished

seme in county court as circuit
President of l . ■?.—Kcsolution of thanks
Printing, Public —committee to contract
Sc ci’c tft ry o f S t at v t o
contract lov

Proceedings —to be recorded, ami order of
Process —(3«*r IfGit.)

re turnable to circuit court
Public Lands- —see Sales.

Public Offices —to be removed
Public properly —-in Honlsviiie, to sell

Quarter.Master General —iv*w elected

15

17

1)1

125

lid

116

Revenue—tut to raise -
Retieio —bill of ....

River9 —rus act to examine
Roads—- John Byler authorized to estab¬
lish turnpike
an act to lay out
from Falls Tuskcdoosa
an act respecting
RuwehitU —incorporated

Salat ics —an yet affixing
!Sales Public Ljuv h —n prevent hanxl,
| Sail Springs —a< t to lease
J School Lands— how leased

in Airdi.-ou county

93

93
431

i

85

35

69

6

11

Page

- 89
«V

94

76

m
■ 93
9-5

- 11 .?

85
71
80

- 00

lb,i

Seals ofj util ice — Mas ion < oouty (tenuun ary )10
St. Flair county 41

commissimiem author-

ired to purchase land for 68
Lawrence county - 97

Onhnwba - - - Lbt

Franklin - - 1 ( >4

Autauga - - - 117

Limestone - * 134

Cotaco - * • 113

Secretary of. Slate —

duty, and emoluments of 4$
Sentences, Courts Martial --affecting life 3 4
Sheriffs —to give bond—and duty 4b »•>
Slaves —runaway, how disposed of 3d

persons harboring, how treated 37, 38
the triul of -

S' -Heitors —dutv nod emolument*

rti

Quakers —exempt from beat ing arms

Ranker —duly how performed
Record* —to be read - - *

County Courts how transferred
Circuit Court# how transferred
Religious Socutii **-incorporated

14(5

149

i hi
7

79
150

19

iihnnddutvofSii

33

78
9
16
t7>.
390

H ;j,Sow//terr.7/c~-incorporated

Sittifh, John —authorized to make title
Stammers, L'tn etia —relief of
Strays —an act concerning *•
Sn.hsiUutn —how furnished
Surveyors- —how appointed

Treasurer —Slate, duty of "

County, how appointed
Trio no —incorporated
TutktUoosa— incorporated

University -

Vacancies —constable, how filled
Venn *—change of
i Volunteers—how enrolled

88

46
113
142
144

- 78
28

- 43

47
43

113

106

60

42, 46
8

33

Wolves and Pa 7 ither$-y romium for killing 101
Writs- bow issued and when returnable »